Hammann v. 1-800 Ideas Inc

Filing 189

ORDER that plaintiffs motion to amend/correct complaint 83 , motion for summary judgment 124 , and motion for consideration of new evidence 173 , and defendants motion for summary judgment 126 are DENIED without prejudice to their refiling or, upon the filing of a supplemental brief to any such motion, their reinstatement as of the date of the filing of supplemental brief. Unless otherwise scheduled by the magistrate judge, the parties shall refile their motions or supplemental briefs on o r before May 16, 2011. The timing of responsive and reply briefings shall follow the local rules. Plaintiffs motion for hearing 144 is DENIED as moot. Signed by Judge Lloyd D. George on 3/29/11. (Copies have been distributed pursuant to the NEF - ECS)

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pending before the court are plaintiff's motion to amend/correct complaint (#83), motion for summary judgment (#124), motion for hearing (#144), and motion for consideration of new evidence (#175), and defendant's motion for summary judgment (#126). On February 8, 2011, the magistrate judge correctly ruled that Susan Parker's testimony is integral to plaintiff's claims and ordered that plaintiff be allowed to depose Parker before April 1, 2011 (#176). Under those circumstances, the court finds it incumbent to allow the parties to refile or supplement their pending motions with the benefit of the new discovery. Accordingly, THE COURT HEREBY ORDERS that plaintiff's motion to amend/correct complaint (#83), motion for summary judgment (#124), and motion for consideration of new evidence (#175), and defendant's motion for summary judgment (#126) are DENIED without prejudice to their refiling or, upon the filing of a supplemental brief to any such motion, their reinstatement as of the date of the filing of supplemental brief. Unless otherwise scheduled by the magistrate judge, the parties shall refile their motions or supplemental briefs on or before May 16, 2011. The timing of responsive and reply briefings shall follow the local rules. v. 1-800 IDEAS INC., Defendant. JEROLD ALAN HAMMANN, Plaintiff, ORDER 2:08-cv-0886-LDG-GWF

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THE COURT FURTHER ORDERS that plaintiff's motion for hearing (#144) is DENIED as moot.

DATED this _____ day of March, 2011. ______________________________ Lloyd D. George United States District Judge

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