Opinion
Civil Action No. 11-cv-01366-MSK-KLM
12-30-2011
WAYNE ANDREWS, Plaintiff, v. TIMOTHY GEITHNER, DOUGLAS SHULMAN, OFFICER IN CHARGE OF COLLECTIONS, GARY QUICK, ROSEANNE M. MILLER, LISA K. JONES, and ROXY HUBER, in her individual capacity, Defendants.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Request for Summary Judgment Against Roxy Huber [Docket No. 19; Filed August 17, 2011] and Plaintiff's "Motion for Summary Judgment Against Timothy Geithner, Douglas Shulman, Officer in Charge of Collections, Fresno, CA, Gary Quick, Roseanne M. Miller, Lisa K. Jones" [Docket No. 33; Filed October 26, 2011].
IT IS HEREBY ORDERED that Plaintiff's Request for Summary Judgment Against Roxy Huber [#19] is DENIED AS MOOT. Liberally construing Plaintiff's Request as the Court must, the Court concludes that this Motion actually seeks the entry of default and default judgment against Defendant Huber. Defendant Huber received a copy of the Complaint on September 13, 2011 [#27], and timely filed a Motion to Dismiss in response to Plaintiff's Complaint on November 2, 2011 [#34]. Thus, the entry of default against Defendant Huber is unwarranted.
IT IS FURTHER ORDERED that Plaintiff's "Motion for Summary Judgment . . ." [#33] is DENIED WITHOUT PREJUDICE. Plaintiff fails to support the factual allegations stated in the Motion with admissible evidence as required by Fed. R. Civ. P. 56(c). The Court notes that the dispositive motions deadline is set as July 15, 2012.
Also pending before the Court are Defendants Geithner, Jones, Miller, Officer, Quick, and Shulman's Motion to Dismiss [#9] and Defendant Huber's Motion to Dismiss [#34]. The two Motions to Dismiss are ripe for review, and the Court will issue a written recommendation in due course.