RUALES v. SPENCER SAVINGS BANK

Filing 104

OPINION and ORDER administratively terminating without prejudice 99 Cross MOTION for Summary Judgment and 95 MOTION for Summary Judgment, etc. Signed by Judge Kevin McNulty on 12/22/2021. (lag, )

Case 2:18-cv-09192-KM-MAH Document 104 Filed 12/22/21 Page 1 of 2 PageID: 786

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
MIGUEL RUALES,
Plaintiff,

Civ. No. 18-9192 (KM) (MAH)

v.

OPINION & ORDER

SPENCER SAVINGS BANK,
Defendant.

KEVIN MCNULTY, U.S.D.J.:
Pro se plaintiff Miguel Ruales has moved (DE 95), and defendant Spencer
Savings Bank (“Spencer”) has cross-moved (DE 99) for summary judgment. I
did not rule on those motions. Rather, in a prior Opinion and Order, I
considered whether the plaintiff had had a fair opportunity to respond to
certain evidence submitted by Spencer. (DE 101) I directed Magistrate Judge
Hammer, whose prior rulings were implicated, to consider whether additional
discovery and supplemental submissions should be permitted. Judge Hammer
immediately entered an order authorizing Mr. Ruales to propound certain
written discovery, and setting a schedule for any supplementary summary
judgment submissions. (DE 102) The summary judgment motion and crossmotion, as things stand, are not ripe for decision.
In the interest of efficient case management, then, I will enter the
following order.
ORDER
IT IS this 22d day of December, 2021,
ORDERED as follows:
1. The motion and cross-motion for summary judgment (DE 95, 99) are
ADMINISTRATIVELY TERMINATED without prejudice. They may be
restored to the calendar by means of a simple letter to the Court.

Case 2:18-cv-09192-KM-MAH Document 104 Filed 12/22/21 Page 2 of 2 PageID: 787

2. On or before January 31, 2022, counsel for Spencer shall inform the
Court in writing as to the status of the matter, i.e., whether the
parties (a) wish to restore the summary judgment motions to the
calendar as-is, or (b) have engaged in further discovery and wish to
supplement their submissions or resubmit their motions in revised
form.
3. If (b), the parties shall complete any further discovery and shall
submit any supplemental papers on the schedule set by Judge
Hammer.
/s/ Kevin McNulty
____________________________________
Kevin McNulty
United States District Judge