Norwood-Redfield Apartments Limited Partnership v. American Family Mutual Insurance Company

Filing 53

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff's motion to strike is DENIED. ECF No. 50 . IT IS FURTHER ORDERED that Plaintiffs response to Defendant's motion for partial summary judgment shall be due within 14 days of the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 11/22/2017. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NORWOOD-REDFIELD
APARTMENTS LIMITED
PARTNERSHIP,
Plaintiff,
v.
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY,
Defendant.

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4:16-cv-00639-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion to strike Defendant’s motion
for partial summary judgment, in light of Defendant’s failure to submit complete
transcripts of deposition testimony cited in support of the summary judgment motion, as
required by prior Order of the Court, and Defendant’s failure to authenticate certain
exhibits. In response, Defendant has attached the full deposition transcripts, as well as an
affidavit to authenticate the disputed exhibits. Plaintiff has not filed a reply, and the time
to do so passed.
Upon careful consideration, and in light of Defendant’s supplemental filing, the
Court declines to strike Defendant’s summary judgment motion. The Court will grant
Plaintiff’s alternative request for additional time to respond to Defendant’s motion. But
in light of the time that the summary judgment motion has been pending, the Court will

order Plaintiff to respond to the motion within 14 days of the date of this Memorandum
and Order.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion to strike is DENIED. ECF
No. 50.
IT IS FURTHER ORDERED that Plaintiff’s response to Defendant’s motion for
partial summary judgment shall be due within 14 days of the date of this Memorandum
and Order.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 22nd day of November, 2017.