Lee v. Norfolk Southern Railway Company

Filing 49

ORDER that Deft shall have 14 days from entry of this Order to file a supplemental brief in support of its 23 MOTION for Summary Judgment; Pltf shall have 14 days from filing of Deft's supplemental brief to file a response. A supplemental reply brief shall not be permitted. Signed by District Judge Martin Reidinger on 10/22/15. (ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00004-MR-DSC

CHARLES T. LEE,

)
)
Plaintiff,
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vs.
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NORFOLK SOUTHERN
)
RAILWAY COMPANY,
)
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Defendant.
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)
___________________________ )

ORDER

THIS MATTER is before the Court on remand from the Court of
Appeals for the Fourth Circuit. Lee v. Norfolk So. Ry. Co., No. 14-1585 (4th
Cir. 2015).
The Fourth Circuit reversed this Court’s order granting summary
judgment in favor of the Defendant and remanded this matter for further
proceedings. This Court’s order, however, addressed only one of the issues
raised by the Defendant in its summary judgment motion and argued by the
parties at the summary judgment motion hearing. In light of the Fourth
Circuit’s reversal and remand, the Court will revisit the Defendant’s motion
for summary judgment and address the other arguments raised therein.

Before ruling on the motion, however, the Court will allow the parties the
opportunity to supplement their briefing to address any new authority, if any,
that may have been decided since the filing of the original briefs.
IT IS, THEREFORE, ORDERED that the Defendant shall have
fourteen (14) days from the entry of this Order within which to file a
supplemental brief in support of its motion for summary judgment. The
Plaintiff shall have fourteen (14) days from the filing of the Defendant’s
supplemental brief to file a response. A supplemental reply brief shall not be
permitted. Such supplemental briefs shall be in 14-point font and shall not
exceed five (5) pages.
IT IS SO ORDERED.
Signed: October 22, 2015

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