Stewart v. Akron Gasket & Packing Enterprises, Inc. et al

Filing 44

ORDER denying Defendant's 21 Motion for Partial Summary Judgment. Signed by District Judge Martin Reidinger on 10/15/2014. (nv)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00143-MR

COREY STEWART, as Administrator )
of the Estate of Charles Stewart, Jr., )
et al.,
)
)
Plaintiffs,
)
)
vs.
)
)
)
AKRON GASKET & PACKING
)
ENTERPRISES, INC., et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant Daniel
International Corporation’s Motion for Partial Summary Judgment [Doc. 21].
This matter was remanded from the United States Judicial Panel on
Multidistrict Litigation on January 23, 2014. [Doc. 7]. Following remand,
the parties submitted a status report to the Court, advising inter alia that the
MDL Court had adjudicated all outstanding motions, including a motion for
summary judgment filed by Defendant Daniel International Corporation.
[Doc. 19 at 2]. The parties further advised the Court that they were in
agreement that the case was ready to be set for trial. [Id.]. In light of the

parties’ status report, the Court entered a Pretrial Order and Case
Management Plan, setting this matter for trial during the November 10,
2014 trial term. [Doc. 20]. On October 10, 2014, approximately thirty days
prior to trial, Defendant Daniel International Corporation filed the present
Motion for Partial Summary Judgment. [Doc. 21].
The Defendant’s motion is clearly untimely. The parties were given
the opportunity to file dispositive motions at the MDL, and the Defendant in
fact did so. The Defendant is not entitled to a second bite at the apple,
certainly not at this late date. Accordingly, the Defendant’s present motion
will be denied.
IT IS, THEREFORE, ORDERED that the Defendant’s motion for
Partial Summary Judgment [Doc. 21] is DENIED.
IT IS SO ORDERED.
Signed: October 15, 2014

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