Muckle et al v. Marriott International, Inc. et al

Filing 67

ORDER denying 65 Motion to Dismiss; denying 66 Motion for Summary Judgment. Trial will begin Wednesday, December 7, with jury selection at 10 a.m. Signed by Senior Judge Graham Mullen on 12/2/2016. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15CV223
Tony L. Muckle,

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Plaintiff,
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vs.
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Summit Hospitality Group, Ltd.,
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Defendant.
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____________________________________)

ORDER

This matter is before the Court upon Defendant’s Motion to Dismiss for Fraud on the
Court, filed November 29, 2016, and Motion for Summary Judgment, filed November 30. These
motions can only be described as shockingly untimely. Discovery has long been closed and
Plaintiff does not even have sufficient time to respond under the rules prior to the scheduled
commencement of trial. Furthermore, with regard to the Motion to Dismiss, any factual
discrepancies raised by the motion can be more appropriately explored during cross-examination.
As for the Motion for Summary Judgment, the Court refers Defendant’s counsel to Rule 50 of
the Federal Rules of Civil Procedure. Trial will begin Wednesday, December 7, with jury
selection at 10 a.m.
IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss and Motion for
Summary Judgment are hereby DENIED.

Signed: December 2, 2016