Lane v. Endurance American Specialty Insurance Company

Filing 58

ORDER denying without prejudice 9 Motion for Summary Judgment ; denying without prejudice 15 Motion to Continue Period to Oppose Plaintiff's Motion. Signed by District Judge Max O. Cogburn, Jr on 5/24/11. (com)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10cv401
EARL KELLEY LANE, Executor of the
Estate of Lucile H. Lane,
Plaintiff,
Vs.
ENDURANCE AMERICAN SPECIALTY
INSURANCE COMPANY,
Defendant.
_______________________________

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ORDER

THIS MATTER is before the court on plaintiff’s Motion for Summary Judgment
(#9) filed in November 2010 and defendant’s Motion to Continue Period to Oppose
Plaintiff’s Motion for Summary Judgment (#15) which was filed in December 2010. Since
filing such motions, plaintiff has filed his Amended Complaint asserting additional causes
of actions, additional discovery has been taken, the deadlines for completing discovery and
for filing dispositive motions have been enlarged, the parties have participated in mediation,
and some discovery disputes have been raised and resolved.
For the limited purpose of streamlining matters, both motions will be denied without
prejudice, and plaintiff will be allowed to reassert the substance of its motion in a
consolidated motion for summary judgment prior to the close of

the time for filing

dispositive motions. Unless the parties are able to resolve this action amicably, the court
anticipates setting any dispositive motions on for hearing and resolution during a regular civil
motions day.

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ORDER
IT IS, THEREFORE, ORDERED that plaintiff’s Motion for Summary Judgment
(#9) and defendant’s Motion to Continue Period to Oppose Plaintiff’s Motion for Summary
Judgment (#15) are DENIED without prejudice.

Signed: May 24, 2011

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