Opinion
3:22-cv-05427-DGE
04-10-2024
COURTNEY JEAN BESCH, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS et al., Defendant.
ORDER STRIKING MOTION FOR SUMMARY JUDGMENT (DKT. NO. 104)
DAVID G. ESTUDILLO, UNITED STATES DISTRICT JUDGE
This matter comes before the Court on Plaintiff Courtney Besch's motion for summary judgment. (Dkt. No. 104.) In response, Defendants asserted Plaintiff's motion was premature because sufficient discovery had not yet been conducted; in particular, key witnesses had not been deposed and certain documents had not been produced. (Dkt. Nos. 107 at 8; 108 at 2.)
A court may deny or strike a motion for summary judgment to allow the parties to conduct discovery. Fed.R.Civ.P. 56(d). Pursuant to Rule 56(d), Plaintiff's motion for summary judgment is stricken without prejudice so that the parties may conduct discovery and develop a complete record.
In addition, the Court dismissed the majority of Plaintiff's claims subject of Plaintiff's motion for summary judgment. (See Dkt. Nos. 117, 118.) Plaintiff's motion for summary judgment, therefore, no longer is based on the operative complaint.
Accordingly, Plaintiff's motion for summary judgment is STRICKEN. Plaintiff may refile a motion for summary judgment after completion of discovery.