Branch Banking And Trust Company v. Brown et al

Filing 42

ORDER striking 41 Motion for Summary Judgment. Signed by Judge Howard D. McKibben on 11/18/13. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRANCH BANKING AND TRUST COMPANY, )
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Plaintiff,
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vs.
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THOMAS M. BROWN, KATHLEEN R.
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BROWN, et al,
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Defendants.
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_________________________________ )

3:12-cv-00644-HDM-VPC
ORDER

The defendants’ “motion for summary judgment concerning NRS

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40.495(4)” (#41), filed on November 12, 2013, was filed well

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outside the September 1, 2013 dispositive motions deadline as laid

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out in the proposed discovery plan (#22) and adopted by the court

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(#23).

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not raised in the plaintiff’s initial motion for summary judgment

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(#28), but was raised by the defendants in their response (#34),

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and then addressed by the plaintiff in its reply (#39).

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Nonetheless, plaintiff is precluded from filing a separate motion

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for summary judgment outside of the dispositive motions deadline

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without leave from the court.

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for summary judgment filed on November 12, 2013 is stricken without

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prejudice.

The court recognizes that the issue of NRS 40.495(4) was

Accordingly, the defendants’ motion

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IT IS SO ORDERED.

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DATED: This 18th day of November, 2013.

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____________________________
UNITED STATES DISTRICT JUDGE

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