Opinion
Civil Action No. 04-cv-02140-LTB-BNB.
October 30, 2006
ORDER
The parties appeared this morning for a final pretrial conference. The proposed final pretrial order was refused for the reasons stated on the record. Consistent with matters discussed this morning:
IT IS ORDERED that the plaintiff's oral motions to recuse and for reasonable accommodation are DENIED as out of order.
IT IS FURTHER ORDERED that the defendant shall file a motion for summary judgment or to transfer the case to the appeals docket on or before November 17, 2006. The motion shall be supported by appropriate evidence. The defendant shall respond to the motion on or before December 6, 2006, including, if appropriate, a motion under Rule 56(f), Fed.R.Civ.P., to continue determination of the motion and to allow discovery that may be necessary to respond to the motion.
IT IS FURTHER ORDERED that the Plaintiff's Motion to Vacate Final Pretrial Conference Date [Doc. # 93, filed 10/30/2006] is DENIED as moot in light of the above rulings.
IT IS FURTHER ORDERED that the final pretrial conference will be rescheduled at a later date, if appropriate.