Opinion
Case No. 4:04-CV-0071AS.
December 27, 2005
MEMORANDUM, ORDER AND OPINION
On December 6, 2005, this Court entered a Notice setting a Hearing on the Defendants' Motion to Dismiss and Plaintiffs' Motion for Summary Judgment. That hearing was scheduled for January 20, 2006, at 11:30 a.m. in Lafayette, Indiana. On December 14, 2005, Defendants filed a motion to continue the portion of that hearing relating to summary judgment motions. On December 15, 2005, Plaintiffs filed a motion to continue that hearing until after their motion for summary judgment has been fully briefed. Plaintiffs also proposed a change in the briefing schedule for dispositive motions.
The Court agrees with the Plaintiffs that the hearing should not be bifurcated. However, the current briefing schedule shall remain effective. The deadline for dispositive motions remains December 31, 2005, and the deadline for responses to those motions remains April 3, 2006.
Therefore, Plaintiffs' motion to continue is GRANTED in part and DENIED in part. Defendants' motion to continue is DENIED. The hearing scheduled for January 20, 2006 is hereby VACATED. The court will set a hearing for arguments on all dispositive motions at a later date. SO ORDERED.