Bernal-Zepeda et al v. Roblero et al

Filing 43

ORDER Denying without prejudice 23 Motion for Partial Summary Judgment. Signed by Judge Jennifer A. Dorsey on 7/1/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Roberto Bernal-Zepeda and Elvira Campos,

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2:14-cv-01703-JAD-GWF

Plaintiffs

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vs.

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Manual Roblero et al.,

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Order Denying Motion for Partial
Summary Judgment Without Prejudice
[#23]

Defendants

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In this removed negligence action arising from a 2012 car accident, plaintiff Roberto Bernal-

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Zepeda moves for summary judgment on eight of defendant Manuel Roblero’s affirmative defenses

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and five of defendant Kehe Distributors, Inc.’s affirmative defenses, arguing they are unsupported by

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evidence.1 Defendants Roblero and Kehe oppose the motion as premature under FRCP 56(d)

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because discovery is ongoing.2 They supply a proper affidavit that demonstrates specific reasons that

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they cannot presently present the facts essential to justify their opposition.3 With competing motions

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to compel pending before the magistrate judge, it is clear that discovery is still ongoing.4 Good cause

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thus appears to deny the motion for summary judgment as premature under FRCP 56(d)(1) and

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without prejudice to its refiling after discovery is complete.

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Accordingly, IT IS HEREBY ORDERED that the Motion for Partial Summary Judgment
[Doc. 23] is DENIED without prejudice under FRCP 56(d)(1).

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Dated this 1st day of July, 2015.

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_________________________________
___________________
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Jennifer A. Dorsey
Dorsey
orse
United States Di i J d
District Judge

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Doc. 23.

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Doc. 24.

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Doc. 24-2.

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Docs. 34, 39.