Primerica Life Insurance Company v. Cain et al

Filing 25

ORDER denying without prejudice to be refiled at the appropriate time 19 Motion for Summary Judgment ; denying without prejudice to be refiled at the appropriate time 24 Motion for Hearing. The Court will extent the Discovery deadline to 2/8/2019 and dispositive motions deadline to 3/11/2019. Signed by Magistrate Judge David S. Cayer on 1/10/19. (tob)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:18-CV-00194-DSC PRIMERICA LIFE INSURANCE COMPANY, Plaintiff, v. ELAINE B. CAIN AND WANDA MARIE CAIN, Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on the “Motion for Summary Judgment by Wanda Marie Cain, Administratrix of Estate of Jervais Wan-Ya Cain,” Doc. 19, filed October 29, 2018 and the parties’ associated briefs and exhibits, Docs. 22 and 23, and “Defendant Wanda Cain’s Request for Oral Argument,” Doc. 24, filed on January 7, 2019. The parties have consented to Magistrate Judge jurisdiction under 28 U.S.C. § 636(c), and these Motions are now ripe for the Court’s consideration. The Pretrial Order and Case Management Plan set deadlines of January 2, 2019 for the completion of discovery and February 4, 2019 for dispositive motions. Defendant Elaine B. Cain’s Response, Doc. 22, argues that summary judgment is inappropriate at this stage because discovery is not complete and no evidence has been identified by Defendant Wanda Cain. Having fully considered the arguments, the record, and the applicable authority, the Court finds that the Motion for Summary Judgment and Request for Oral Argument are premature. The Court will extend the discovery deadline to February 8, 2019 and the dispositive motions deadline to March 11, 2019 to allow the parties to complete discovery and file all dispositive motions. The “Motion for Summary Judgment by Wanda Marie Cain, Administratrix of Estate of Jervais Wan-Ya Cain,” Doc. 19, and “Defendant Wanda Cain’s Request for Oral Argument,” Doc. 24, are denied without prejudice to be refiled at the appropriate time. SO ORDERED. Signed: January 10, 2019

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