Whitmore et al v. American Dream Logistics, Inc. et al

Filing 60

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant's motion for summaryjudgment # 56 is denied. IT IS FURTHER ORDERED that defendant Penske shall provide any outstanding discovery it agreed to produce in plaintiffs Exhibit 3 in opposition to summary judgment [# 58 -3] within seven (7) days of the date of this Order. Signed by Honorable Rodney W. Sippel on 4/23/12. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LUTHER WHITMORE, et al.,

)
)
Plaintiffs,
)
)
vs.
)
)
AMERICAN DREAM LOGISTICS, )
INC., et al.,
)
)
Defendants.
)

Case No. 4:11CV1170 RWS

MEMORANDUM AND ORDER
This matter is before me on defendant Penske’s motion for summary
judgment. Penske moves for summary judgment on the same ground that it earlier
sought dismissal of this case. Penske has not met its burden of demonstrating that
summary judgment is appropriate under Fed. R. Civ. P. 56(a). Defendant has not
demonstrated that plaintiffs’ claims against Penske are barred by the Graves
Amendment as a matter of law. Material disputes of fact regarding Penske’s
negligence remain in this case and preclude entry of summary judgment at this
time.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion for summary
judgment [#56] is denied.

IT IS FURTHER ORDERED that defendant Penske shall provide any
outstanding discovery it agreed to produce in plaintiffs’ Exhibit 3 in opposition to
summary judgment [#58-3] within seven (7) days of the date of this Order.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 23rd day of April, 2012.

-2-