Paige v. Murry et al

Filing 164

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that defendants trial brief (#163) shall be construed as a renewed motion for summary judgment as described. IT IS FURTHER ORDERED that plaintiff shall have until April 19, 2016 by which to file a response memorandum, and defendants shall have until April 29, 2016 by which to file a reply. Jury Trial reset for 5/25/2016 09:00 AM in Southeast Div - Courtroom 4B before District Judge Stephen N. Limbaugh Jr... Signed by District Judge Stephen N. Limbaugh, Jr on 4/5/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
LACEY PAIGE,
Plaintiff,
v.
JERRY MURRAY, et al.,
Defendants,

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No. 1:12:cv40 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court in view of defendants’ trial brief (#163). The conclusion
of the trial brief states that
Since the Plaintiff will not be able to show that the leak in his cell rose to
the level of a constitutional violation, and because the Plaintiff will not be
able to show that Defendants knew of and deliberately disregarded a risk of
any harm to the Plaintiff, the Defendants should be held not liable in
Plaintiff’s claims.
(#163 at 4.) The Court will treat defendants’ trial brief as a renewed motion for summary
judgment. The Court will consider all filings made in support or in opposition to the
defendants’ motion for summary judgment (#72) and plaintiff’s motion for summary
judgment (#118). In addition, plaintiff will be afforded 14 days in which to file a
response. Defendants shall have 10 days thereafter to file a reply. The trial date in this
matter will be vacated and reset for May 25, 2016. Should summary judgment be denied
to defendants, this Court will consider ordering the parties to mediate this dispute.

Accordingly,
IT IS HEREBY ORDERED that defendants’ trial brief (#163) shall be construed
as a renewed motion for summary judgment as described above.
IT IS FURTHER ORDERED that plaintiff shall have until April 19, 2016 by
which to file a response memorandum, and defendants shall have until April 29, 2016 by
which to file a reply.
IT IS FINALLY ORDERED that the April 20, 2016 is VACATED and reset for
May 25 and 26, 2016.

Dated this

5th

day of April, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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