Rangeline Capital, LLC v. Preston et al

Filing 40

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's response to defendant's motion for summary judgment will be due January 19, 2018. Signed by District Judge Stephen N. Limbaugh, Jr on 12/27/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RANGELINE CAPITAL, LLC,
Plaintiff,
v.
FORREST L. PRESTON, LC
HEALTHCARE HOLDING
COMPANY, LLC, and LIFE CARE
CENTERS OF AMERICA, INC.,
Defendants.

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Case No. 4:16-CV-1428-SNLJ

MEMORANDUM AND ORDER
This case is before the Court on plaintiff’s “Motion to Suspend Summary
Judgment Deadlines Until the Completion of Additional Discovery, or, in the Alternative,
for Extension of Time,” (#37) to which defendants filed a Response in Opposition (#39).
No reply was filed. Plaintiff’s concern is that the deposition of defendant Preston, held
on November 29, 2017, was suspended due to Preston’s apparent confusion and fatigue,
and as a result, plaintiff is not in a position to adequately respond to defendants’ motion
for summary judgment, which is due January 5, 2018. Because this case is based on the
breach of an alleged oral contract, this Court is at a loss why responses from a defendant
would be needed to respond to the defendant’s motion for summary judgment, as
opposed to the testimony of plaintiff’s own witnesses. Plaintiff offers no explanation.
Nonetheless, this Court will grant plaintiff a 14-day extension from the January 5

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deadline so that its response will be due January 19, 2018, and the deposition may be
reconvened in the meantime.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s response to defendant’s motion for
summary judgment will be due January 19, 2018.

So ordered this

27th

day of December 2017.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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