McNeese v. United States of America

Filing 108

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR EXTENSION OF TIME by District Judge Kea W. Riggs. Defendant's [104} Motion to Strike Plaintiff's Motion for Summary Judgment, or in the Alternative, Motion for Extension of Time is DENIED AS MOOT. (ve)

Case 1:17-cv-01164-KWR-KK Document 108 Filed 07/21/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

MARY F. McNEESE, as Personal Representative and
Spouse of TINA MARIE McNEESE, Deceased,
Plaintiff,
vs.

No. 1:17-cv-01164-KWR-KK

UNITED STATES OF AMERICA,
Defendant.

ORDER DENYING AS MOOT DEFENDANT’S MOTION TO STRIKE
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT,
OR IN THE ALTERNATIVE, MOTION FOR EXTENSION OF TIME
THIS MATTER came before the Court on Defendant’s Motion to Strike Plaintiff’s
Motion for Summary Judgment, or in the Alternative, Motion for Extension of Time (Doc. 104)
filed on July 17, 2021.
The Court HEREBY FINDS:
1. Counsel for Plaintiff filed Plaintiff’s Motion for Partial Summary Judgment on the
Issue of Breach of the Standard of Care by the Emergency Department Physician (Doc. 101)
on July 9, 2021.
2. The Court entered its Order Setting Expedited Briefing Scheduling (Doc. 102) on
July 12, 2021 expediting the briefing schedule of Plaintiff’s motion for the purposes of judicial
economy and bringing this cause of action to trial in a timely manner.
3. Counsel for Defendant filed Defendant’s Motion to Strike Plaintiff’s Motion for
Summary Judgment, or in the Alternative, Motion for Extension of Time (Doc. 104) on July
17, 2021 contesting the untimely filing of Plaintiff’s motion and requesting that the Court strike

Case 1:17-cv-01164-KWR-KK Document 108 Filed 07/21/21 Page 2 of 2

Plaintiff’s motion or, in the alternative, extend the briefing deadlines set forth in its previous
Order to allow counsel for Defendant additional time to respond to Plaintiff’s motion.
4. Since that time, counsel for Plaintiff filed a Notice of Withdrawal of Plaintiff’s Motion
for Partial Summary Judgment on the Issue of Breach of the Standard of Care by the Emergency
Department Physician (Doc. 107) on July 21, 2021 withdrawing the motion (Doc. 101) and
rendering Defendant’s motion (Doc. 104) moot.
IT IS THEREFORE ORDERED THAT Defendant’s Motion to Strike Plaintiff’s
Motion for Summary Judgment, or in the Alternative, Motion for Extension of Time (Doc. 104) is
DENIED AS MOOT.
IT IS SO ORDERED.

_________________________________
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE