Scutier v. King et al

Filing 63

ORDER granting 49 Motion to Deny or Continue Pursuant to Rule 56(d); denying without prejudice 44 Motion for Partial Summary Judgment; denying as moot 51 and 52 Motions to Strike. Signed by Judge Howard D. McKibben on 10/2/2015. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PATRICIA SCUTIER, as conservator )
of the Estate of Edward J. Gage )
and BILLY WARREN GAGE, as
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successor Trustee of the EDWARD )
J. AND BETTY L. GAGE TRUST, dated )
June 21, 1999,,
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Plaintiff,
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vs.
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LESLIE S. KING, a Nevada citizen, )
LORI D. KING, a Nevada citizen, )
LOLA GAGE, a Nevada citizen, and )
DOES 1-50, inclusive,
)
)
Defendants.
)
_________________________________ )

3:14-cv-00377-HDM-VPC
ORDER

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Before the court is the plaintiff Billy Warren Gage’s motion
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for partial summary judgment (#44).

Defendants have opposed (#50)

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and moved to deny or continue the motion for summary judgment under
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Federal Rule of Civil Procedure 56(d) (#49).

Plaintiff has replied

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(#55) and opposed defendants’ motion (#56), and defendants have
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replied (#62).

In addition, defendants have filed two motions to

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strike portions of declarations attached to the motion for summary
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judgment (#51, #52).

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briefed.

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The motions to strike have been fully

Discovery in this case has not yet closed.

Accordingly,

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defendants’ motion to deny or continue pursuant to Rule 56(d) is

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GRANTED and Billy Warren Gage’s motion for partial summary judgment

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(#44) is DENIED WITHOUT PREJUDICE to renew at the close of

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discovery.

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AS MOOT.

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The defendants’ motions to strike (#51, #52) are DENIED

IT IS SO ORDERED.
DATED: This 2nd day of October, 2015.

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____________________________
UNITED STATES DISTRICT JUDGE

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