Opinion
CIVIL ACTION NUMBER 07-854-RET-DLD.
July 8, 2008
ORDER
This matter is before the court on the plaintiff's Motion to Dismiss the Defendants' Motion for Summary Judgment. Record document number 37.
Plaintiff filed a Motion to Dismiss pursuant to Rule 41(b), Fed.R.Civ.P. Plaintiff sought an order dismissing the defendants' motion for summary judgment. Plaintiff argued that the motion is unfair and premature because the plaintiff has sought leave of court to propound additional discovery.
A review of the record showed that the plaintiff filed a 34 page opposition to the defendants' motion for summary judgment.
Record document number 36.
IT IS ORDERED that the plaintiff's Motion to Dismiss the Defendants' Motion for Summary Judgment is denied.