Delk v. Superior Office Services, Inc.

Filing 27

ORDER: The Court finds that Defendants Motion for Summary Judgment 17 should be and is DENIED without prejudice to being re-filed once discovery in this matter is complete. The case is referred to the Magistrate Judge to set a schedule for this additional discovery and for any other discovery matters. Signed by District Judge Todd J. Campbell on 4/8/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

ROBERT L. DELK
v.
SUPERIOR OFFICE SERVICES, INC.

)
)
) NO. 3-13-0758
) JUDGE CAMPBELL
)

ORDER

Pending before the Court is Defendant’s Motion for Summary Judgment (Docket No. 17),
to which Plaintiff has filed a Response (Docket No. 24) in opposition.
Plaintiff contends that he has not been allowed to take discovery on the subject of
Defendant’s Motion, specifically whether Defendant is an “employer” under the Americans with
Disabilities Act. Plaintiff is entitled to complete discovery on this issue before being required to
respond to what Plaintiff characterizes as a “new” issue.
Pursuant to Fed. R. Civ. P. 56(d), the Court finds that Defendant’s Motion (Docket No. 17)
should be and is DENIED without prejudice to being re-filed once discovery in this matter is
complete. The case is referred to the Magistrate Judge to set a schedule for this additional discovery
and for any other discovery matters.
IT IS SO ORDERED.

___________________________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE