LEVINE v. VOORHEES BOARD OF EDUCATION et al

Filing 110

OPINION AND ORDER denying 99 Motion for Summary Judgment, etc.. Signed by Judge Renee Marie Bumb on 1/22/09. (th, )

[Docket No. 99] UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : : :

CLIFFORD J. LEVINE, Plaintiff, v. VOORHEES BOARD OF EDUCATION, et al., Defendants. APPEARANCES:

Civil No. 07-1614 (RMB) OPINION AND ORDER

William B. Hildebrand, Esquire Law Offices of William B. Hildebrand, LLC 1040 Kings Highway North, Suite 601 Cherry Hill, New Jersey 08034 [phone] Attorney for Plaintiff William S. Donio, Esquire Cooper Levenson April Niedelman & Wagenheim, P.A. 1125 Atlantic Avenue, Third Floor Atlantic City, New Jersey 08401-4891 [phone] Attorney for Defendants BUMB, United States District Judge This matter comes before the Court upon the Plaintiff's renewed motion (styled as a motion for summary judgment) [Docket No. 99] to strike the defendants' affirmative answers for lack of evidence. The Court denied the Plaintiff's earlier motion on the

grounds that discovery had not yet been completed. [Docket No. 38]. Inexplicably, Plaintiff has pressed his renewed motion even

though discovery has not yet been completed. 109].

[See Docket No.

Accordingly, because discovery has not yet concluded, the Plaintiff's motion is denied. Additionally, the Court notes that

Plaintiff has indicated that he seeks an order dismissing the affirmative defenses "so that the parties can concentrate on the more substitive (sic) issues in this case." Pltf's Mtn., at 1.

Yet, there is no evidence that the pleading of the affirmative defenses in this case has caused unnecessary delay. The Court

holds, however, that upon completion of discovery, the parties shall confer with each other for the purpose of determining whether an agreement can be reached as to the applicability of any affirmative defenses. productive. This approach appears to be the most

No further motion to strike affirmative defenses

shall be filed unless a party certifies that the foregoing conference has occurred and the parties could not reach an agreement.

Date: January 22, 2009

s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

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