Jane Doe 202a v. Cannon et al

Filing 160

ORDER adopting 157 Report and Recommendation of Magistrate Judge Mary Gordon Baker; denying 106 Motion for Partial Summary Judgment. Signed by Honorable Richard M Gergel on 7/25/2018.(ssam, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION

Parker Meyer,
Plaintiff,
VS.

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Civil Action No. 2:16-530-RMG

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Al Cannon, Sheriff of Charleston County,
individually and in his official capacity,
et~ .,

Defendants.

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ORDER

This matter comes before the Court on a Report and Recommendation ("R & R") of the
Magistrate Judge (Dkt. No. 157), recommending that Defendants' motion for partial summary
judgment (Dkt. No. 106) be denied without prejudice as premature under Rule 56 of the Federal
Rules of Civil Procedure. Plaintiff opposes the motion on the ground that a scheduling order was
issued in this matter on March 23 , 2018 with a discovery ending date of July 31, 2018, and at the
time of the motion she had not yet had an opportunity to commence discovery. The Magistrate
Judge reasonably and correctly responded to this motion by recommending to this Court that the
motion for summary judgment be denied at this time to allow the parties an opportunity to
complete discovery. Upon the completion of discovery, the parties are free to file dispositive
motions.
No party has filed an objection to this Report and Recommendation. After carefully
reviewing the briefing in this matter and the Magistrate Judge's R & R, the Court adopts the R &

Ras the order of the Court and denies Defendants' motion for summary judgment without
prejudice.
AND IT IS SO ORDERED.

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United States District Judge

JuJy"li~ 2018
Charleston, South Carolina

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