Rand Corporation v. Moua et al

Filing 6

ORDER DENYING WITHOUT PREJUDICE 3 Motion for Summary Judgment. (Written Opinion). Signed by Judge Richard H. Kyle on 02/09/07. (rhks)

Rand Corporation v. Moua et al

Doc. 6

Case 0:07-cv-00510-ADM-JSM

Document 6

Filed 02/09/2007

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Rand Corporation, Plaintiff, Civ. No. 07-510 (RHK/JSM) ORDER v. Yer Song Moua, et al., Defendants.

This matter is before the Court sua sponte. Plaintiff commenced this action by filing a Complaint on January 29, 2007. On February 8, 2007, Plaintiff filed a Motion for Summary Judgment (Doc. No. 3). However, Federal Rule of Civil Procedure 56(a) provides, in pertinent part, that "[a] party seeking to recover upon a claim . . . or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action . . ., move . . . for a summary judgment in the party's favor." (emphasis added). Plaintiff's Motion for Summary Judgment, therefore, violates Rule 56(a). Accordingly, it is ORDERED that Plaintiff's Motion for Summary Judgment (Doc. No. 3) is DENIED WITHOUT PREJUDICE. Plaintiff may re-file the Motion upon expiration of the 20-day period provided for in Rule 56. Dated: February 9 , 2007 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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