Harris et al v. Ajax Boiler, Inc. et al

Filing 74

ORDER denying without prejudice 72 Defendant Spirax Sarco Company, Inc.'s Motion for Summary Judgment. Signed by District Judge Martin Reidinger on 03/30/2013. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12cv311

BILLY DAVID HARRIS and
ROBIN L. HARRIS, spouse,

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)
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Plaintiffs,
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vs.
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AJAX BOILER, INC., et. al.,
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Defendants.
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_________________________________ ___ )

ORDER

THIS MATTER is before the Court on the Defendant Spirax Sarco
Company, Inc.’s Motion for Summary Judgment [Doc. 72].
In the motion, which the Court notes has been filed prior to the entry
of a Pre-Trial Order and Case Management Plan, counsel states that no
evidence exists that the Plaintiff Billy Harris ever worked in a facility owned
or operated by this Defendant.

Although consultation with opposing

counsel in the case of a motion for summary judgment is not required by
the Rules of Practice and Procedure of the United States District Court for
the Western District of North Carolina, L.Cv.R. 7.1(B), in this case such
consultation may have rendered this motion unnecessary.
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It also appears that the motion is premature. In any event, the Court
will require consultation with Plaintiffs’ counsel on this issue since no
discovery has occurred in this Court.
IT IS, THEREFORE, ORDERED that the Defendant Spirax Sarco
Company, Inc.’s Motion for Summary Judgment [Doc. 72] is hereby
DENIED without prejudice.
Signed: March 30, 2013

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