Neill v. All Pride Fitness of Washougal et al

Filing 82

ORDER GRANTING PLAINTIFFS' MOTION FOR CONTINUANCE OF DEFENDANTS' SUMMARY JUDGMENT MOTION, denying without prejudice 58 Motion for Summary Judgment; granting 64 Motion to Continue. Signed by Judge Robert J. Bryan. (JL)

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ORDER - 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA HOLLY A. NEILL, an individual; CORI MULSOFF, an individual; BRENDA JONES, an individual, Case No. C08-5424RJB Plaintiffs, v. ALL PRIDE FITNESS OF WASHOUGAL, LLC, a Washington Limited Liability Corporation; CHINDIANAOPLIS, a Washington Limited Liability Corporation; NILE PLOUFFE, an individual, Defendants. ORDER GRANTING PLAINTIFFS' MOTION FOR CONTINUANCE OF DEFENDANTS' SUMMARY JUDGMENT MOTION

This matter comes before the Court on Plaintiffs' Motion for Continuance. Dkt. 64. The Court has considered the pleadings filed in support of and in opposition to the motion and the file herein. On April 2, 2009, Defendants filed a Motion for Summary Judgment. Dkt. 58. Plaintiffs filed the instant Motion to Continue the Summary Judgment Motion on April 6, 2009, arguing that parties are in the process of discovery on the issues raised in the Summary Judgment Motion. Dkt. 64. Defendants respond and state that they do not oppose a six week continuance of the Summary Judgment Motion. Dkt. 70. Plaintiffs file a Reply. Dkt. 75. Plaintiffs argue that rather than

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calendar the Summary Judgment Motion for six weeks out, it should be denied without prejudice and brought after discovery is complete. Id. Plaintiffs express concern that discovery on these issues may not be complete in time to properly respond if the Summary Judgment Motion is noted when Defendants propose. Fed. R. Civ. P. 56(f), "When Affidavits Are Unavailable," provides that: If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) deny the motion; (2) order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken; or (3) issue any other just order. Plaintiffs' Motion for a Continuance pursuant to Fed. R. Civ. P. 56 (f) should be granted, and

10 Defendant's Motion for Summary Judgment denied without prejudice. Parties agree that they have 11 a great deal of discovery yet to do on the issues raised in the Summary Judgment Motion. 12 Parties make reference to discovery issues and the failure to disclose material facts to the 13 Court, however no motion appears to have been made by either party. If the parties intend to make a 14 motion, they should follow the Local and Federal Rules of Civil Procedure. 15 ORDER 16 Therefore, it is hereby ORDERED that: 17 · 18 · 19 PREJUDICE pursuant to Fed. R. Civ. P. 56 (f). 20 The Clerk of the Court is instructed to send uncertified copies of this Order to all counsel of 21 record and to any party appearing pro se at said party's last known address. 22 DATED this 20th day of April, 2009. 23 24 25 26
ORDER - 2

Plaintiffs' Motion for a Continuance (Dkt. 64) is GRANTED, Defendants' Motion for Summary Judgment (Dkt. 58) is DENIED WITHOUT

A
Robert J Bryan United States District Judge