Opinion
Civil Case No. 12-cv-00453-REB-KMT
02-26-2013
COUNTRY MUTUAL INSURANCE COMPANY, an Illinois corporation, Plaintiff, v. ROCKY MOUNTAIN CONSTRUCTION COMPANY, LLC, a Colorado limited liability company, ANTHONY K. FLORES, FORTINO FLORES, DAVID STILES, and BRENDA STILES, citizens of the State of Colorado, Defendants/Counter-Claimants/Third-Party Plaintiffs, v. JOSHUA HARTMAN, and BRANDON AVERY, Third-Party Defendants.
Judge Robert E. Blackburn
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Blackburn, J.
The matter before me is Plaintiff's Motion and Memorandum in Support of Summary Judgment [#21], filed May 15, 2012. Having reviewed the motion, response, and reply, I find and conclude that the issues raised by and inherent to the motion would be better addressed on a more complete evidentiary recovery following the close of discovery. See FED. R. CIV. P. 56(d)(1). Because the dispositive motions deadline in this case is still more than three months away, the most efficacious course is to permit resubmission of any such motion at that time.
"[#21]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
The parties are cautioned that the extant page limitations of REB Civ. Practice Standard IV.B.2. are still applicable, although plaintiff need not seek leave to file a second summary motion that otherwise complies with the page limitations.
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THEREFORE, IT IS ORDERED that Plaintiff's Motion and Memorandum in Support of Summary Judgment [#21], filed May 15, 2012, is DENIED, without prejudice to refile.
Dated February 26, 2013, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge