First Business Capital Corp. v. Schlegel, John

Filing 39

ORDER denying 38 Motion for Reconsideration by Plaintiff First Business Capital Corp. Signed by District Judge Barbara B. Crabb on 5/28/2014. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FIRST BUSINESS CAPITAL CORP.,
ORDER
Plaintiff,
12-cv-727-bbc
v.
JOHN H. SCHLEGEL,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In an order dated May 23, 2014, I granted defendant John Schlegel’s request to file
an amended summary judgment brief and proposed findings of fact. Dkt. #37. When I
drafted the order, plaintiff First Business Capital Corp. had not filed a response to
defendant’s motion, so I treated the motion as unopposed. However, around the same time
that the order was docketed, plaintiff filed an opposition brief. Now plaintiff has filed a
motion for reconsideration of the May 23 order for the same reasons stated in its opposition
brief. Dkt. #38.
I am denying plaintiff’s motion because I see no unfair prejudice to plaintiff in
allowing defendant to supplement his filings.

Further, plaintiff still does not deny

defendant’s allegations that plaintiff failed to provide documents that were responsive to
defendant’s discovery requests, which is part of defendant’s reason for asking to amend his
filings. To the extent that plaintiff has objections to the content of defendant’s proposed

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findings of fact, plaintiff is free to raise those in its amended reply materials.

ORDER
IT IS ORDERED that plaintiff First Business Capital Corp.’s motion for
reconsideration, dkt. #38, is DENIED.
Entered this 28th day of May, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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