Opinion
CIVIL ACTION NO. H-06-1745.
March 10, 2009
ORDER
On March 5, 2009, this action was referred to this Court by the Honorable Gray H. Miller, United States District Judge. The Court, upon review of the file is of the opinion that the following Orders are appropriate.
Because Plaintiff, The Guardian Life Insurance Company of America, still retains the burden of proof on its breach of contract claim, the "Motion to Realign the Parties" (Instrument no. 63) of Defendants, Gary Kinder, Cornerstone Financial Group, Inc. and Gary D. Kinder and Associates, Inc., is DENIED. See Ericsson, Inc. v. Harris Corp., 1999 WL 604827 (N.D. Tex. August 11, 1999)
It is further ORDERED that "Counter-Plaintiff and Defendant's Amended Motion for Short Extension of the Submission Date for Motion for Summary Judgment" (Instrument no. 89) is GRANTED to permit the Court to consider the deposition testimony of Dennis Manning for purposes of the disposition of Plaintiff's Motion for Summary Judgment.