Centerboard Securities LLC v. Benefuel Inc

Filing 116

MEMORANDUM OPINION AND ORDER: The defendant's motion for leave to file a supplemental motion for summary judgment (docket entry 104 ) is GRANTED. The defendant shall electronically file its supplemental motion for summary judgment on or before 5/17/2016. The plaintiff shall electronically file any response to defendant's supplemental motion for summary judgment no later than 5/31/2016. The defendant shall electronically file any reply in further support of its supplemental motion for summary judgment no later than 6/7/2016. (Ordered by Senior Judge A. Joe Fish on 5/16/2016) (bdb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

CENTERBOARD SECURITIES, LLC,
Plaintiff,
VS.
BENEFUEL, INC.,
Defendant.

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CIVIL ACTION NO.
3:15-CV-2611-G

MEMORANDUM OPINION AND ORDER

Before the court is the defendant’s motion for leave to file supplemental
motion for summary judgment (docket entry 104). For the reasons stated below, the
defendant’s motion for leave to file supplemental motion for summary judgment is
granted.
I. BACKGROUND
On December 5, 2014, the plaintiff, Centerboard Securities, LLC
(“Centerboard”), filed its original petition. See Original Petition (docket entry 1-1).
The defendant, Benefuel, Inc. (“Benefuel”), removed the case to this court. See
Notice of Removal (docket entry 1). On January 21, 2016, Benefuel filed its motion

for summary judgment. See Motion for Summary Judgment (docket entry 39). Three
days later, Centerboard filed a motion for leave to file an amended complaint (docket
entry 41). This court granted Centerboard leave to file an amended complaint
(docket entry 43), and it filed its amended complaint the next day (docket entry 44).
On April 29, 2016, Benefuel filed its supplemental motion for summary
judgment (docket entry 101), and appendix in support thereof (docket entry 102).
On May 3, 2016, this court sua sponte ordered that the clerk to strike Benefuel’s
supplemental motion for summary judgment and appendix in support thereof because
Benefuel did not seek leave of court to file a second motion for summary judgment, as
required by Local Rule 56.2. See Order of May 3, 2016 (docket entry 103). On
May 4, 2016, Benefuel filed a motion for leave to file its supplemental motion for
summary judgment (docket entry 104). Centerboard filed a timely response (docket
entry 105), to which Benefuel served a timely reply (docket entry 107). The motion
is now ripe for consideration.
II. ANALYSIS
Benefuel contends that it has proven good cause for the need to file a
supplemental motion for summary judgment because Centerboard added claims and
facts in its amended complaint that were not included in its original petition. See
Defendant’s Motion for Leave to File Supplemental Motion for Summary Judgment
(“Motion”) ¶¶ 6, 12, 13 (docket entry 104). Further, Benefuel avers that good cause

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exists for the court to grant Benefuel leave to file its supplemental motion for
summary judgment because “the legal issues and analysis . . . are the same as in the
first motion.” Id. ¶ 13. In response, Centerboard opposes Benefuel’s motion for leave
to file supplemental motion for summary judgment “on the grounds that Defendant
has not provided requested discovery. . . .” Opposition to Defendant’s Motion for
Leave to File Supplemental Motion for Summary Judgment (docket entry 105).
The court concludes that Benefuel has shown good cause for leave to file a
supplemental motion for summary judgment because Centerboard added claims and
facts to its amended complaint, which was filed after Benefuel filed its motion for
summary judgment. See Senior Living Properties LLC Trust v. Clair Odell Insurance
Agency LLC, No. 3:04-CV-0816-G, 2005 WL 1862172, at *1 (N.D. Tex. Aug. 5,
2005) (Fish, Chief J.) (denying motion for leave to file a second motion for summary
judgment where the defenses asserted were available to the defendant at the time it
filed its initial motion for summary judgment). The court will not force Benefuel to
try issues which the court could conceivably resolve on a motion for summary
judgment. Centerboard’s contentions regarding Benefuel’s discovery behavior do not
persuade the court that there is not good cause here, and those issues will be resolved
on its motions to compel (docket entries 89 and 94) and its motion to disqualify
(docket entry 97).

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III. CONCLUSION
For the reasons stated above, the defendant’s motion for leave to file a
supplemental motion for summary judgment (docket entry 104) is GRANTED. The
defendant shall electronically file its supplemental motion for summary judgment on
or before May 17, 2016. The plaintiff shall electronically file any response to
defendant’s supplemental motion for summary judgment no later than May 31,
2016. The defendant shall electronically file any reply in further support of its
supplemental motion for summary judgment no later than June 7, 2016.
SO ORDERED.

May 16, 2016.

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A. JOE FISH
Senior United States District Judge

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