Allied Property And Casualty Insurance Company v. Beazer Homes Holdings Corp. et al

Filing 189

ORDER Denying 185 , 186 , and 187 Motions for Summary Judgment. Signed by Judge James C. Mahan on 10/12/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ALLIED PROPERTY AND
CASUALTY INSURANCE
COMPANY, a foreign corporation,
individually and as subrogee for its
insured Joseph M. Holohan,

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2:09-CV-626 JCM (PAL)

Plaintiff,

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v.
BEAZER HOMES HOLDINGS CORP.,
et al.,

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Defendants.

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ORDER

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Presently before the court are defendant Beazer Homes Holding Corp.’s three motions for

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summary judgment. (Doc. # 185, 186, 187). Defendant filed these motions four weeks before this

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matter is scheduled to go to trial.

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Fed. R. Civ. P. 56(b) provides that “[u]nless a different time is set by local rule or the court

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orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the

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close of all discovery.” Fed.R.Civ.P. 56(b).

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The court issued a discovery and scheduling order that provided a discovery cutoff date and

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a deadline for dispositive motions. The dispositive motions deadline was set for November 19, 2009.

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(Doc. # 27). Then the court granted an extension of time to file dispositive motions to December 30,

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2009. (Doc. # 56). The court has granted no further extensions.

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...

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James C. Mahan
U.S. District Judge

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The instant motions were filed more than two and half years after the deadline to file such

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motions had expired. Further, defendant did not seek leave of the court before filing these motions.

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Thus, defendant’s motions violate this court’s order and Fed. R. Civ. P. 56(b).

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Based on the foregoing,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Beazer Homes

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Holding Corp.’s three motions for summary judgment (doc. # 185, 186, 187) be, and the same hereby

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are, DENIED.

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DATED October 12, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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