Shotwell v. Regional West Medical Center

Filing 63

ORDER defendant's motion (filing 57 ) is granted. This matter is referred to the Magistrate Judge for case progression. Ordered by Judge John M. Gerrard. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUDY SHOTWELL,
Plaintiff,

4:14-CV-3210

vs.
ORDER
REGIONAL WEST MEDICAL
CENTER,
Defendant.
This matter is before the Court on the defendant's motion to amend the
progression order, in which it seeks leave to file a supplemental motion for
summary judgment (filing 57). That motion will be granted.
On August 30, 2016, this Court entered a Memorandum and Order
granting the defendant's summary judgment motion in part, and denying it
in part. Filing 51. The Court, pursuant to that Memorandum and Order,
dismissed the plaintiff's claims for failure to accommodate and disability
discrimination. However, the Court permitted the plaintiff to proceed on her
claim for retaliation. Filing 51 at 10.
The defendant seeks leave to file a supplemental motion for summary
judgment to address the plaintiff's remaining claim. The plaintiff objects to
the defendant's request, characterizing it as a motion for reconsideration
under Fed. R. Civ. P. 60(b), and suggesting that additional briefing will result
in undue delay. Filing 60 at 2.
The defendant has not filed a motion for reconsideration under Rule
60(b). Instead, it seeks to file a supplemental motion for summary judgment
because, as it claims, it "did not expressly address Plaintiff's retaliation claim
in its [initial] Motion for Summary Judgment or its Brief in Support of that
Motion." Filing 62 at 1. Thus, the standards which govern Rule 60(b) are not,
as the plaintiff contends, applicable.
The Court finds that the defendant's motion is warranted. Accordingly,
IT IS ORDERED:
1.

The defendant's motion (filing 57) is granted.

2.

This matter is referred to the Magistrate Judge for case
progression.

Dated this 8th day of November, 2016.
BY THE COURT:

John M. Gerrard
United States District Judge

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