Kristensen v. Spotnitz et al

Filing 179

ORDER denying 123 Motion for Summary Judgment. Signed by Judge Norman K. Moon on 9/21/2011. (mab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION

NO. 3:09–cv–00084

ALEXANDER STONE KRISTENSEN, a minor by
next friend, SUSAN LEIGH KRISTENSEN, and
KAIA VICTORIA KRISTENSEN, a minor by next
friend, SUSAN LEIGH KRISTENSEN
Plaintiffs,

ORDER

JUDGE NORMAN K. MOON

v.

WILLIAM DAVID SPOTNITZ and DENISE
CONSTANCE SCHAIN
Defendants.

Pending before the Court is Defendants’ Motion for Summary Judgment. (docket no.
123). Defendants’ Motion is predicated upon the Court granting Defendants’ Motion in Limine
to exclude the expert testimony of Drs. Vance, Vilseck, Lipsey, Frye, and Elgort. (docket no.
117). Because the Court has separately denied Defendants’ Motion in Limine, a genuine dispute
as to material facts exists, and Defendants are not entitled to judgment as a matter of law.
Wherefore, Defendants’ Motion for Summary Judgment is DENIED.
It is so ORDERED.
The Clerk of the Court is directed to send a certified copy of this Order to all counsel of
record.
Entered this ______ day of September, 2011.
21st

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