Opinion
Civil Action No. 13-cv-02411-REB-CBS
01-21-2015
KIRBY MARTENSEN, Plaintiff, v. WILLIAM KOCH, and DOES 1-25, Defendants.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
Blackburn, J.
The matters before are (1) Defendant William I. Koch's Motion for Summary Judgment [#167], filed July 15, 2014; and Plaintiff Kirby Martensen's Motion for Permission To Extend Time To File Newly-Discovered Evidence - August 20, 2014 Deposition Testimony - To Supplement His Record in Opposition to Defendant William I. Koch's Motion for Summary Judgment [#214], filed August 27, 2014. I have jurisdiction over the claims asserted in this case under 28 U.S.C. § 1332 (diversity of citizenship). Having reviewed the summary judgment motion, response, and reply and having considered the apposite arguments, authorities, and evidence presented by the parties, it is apparent that there exist genuine disputes of material fact that are not appropriate for summary resolution. Given that determination, plaintiff's motion to supplement his response to the motion for summary judgment is moot.
"[#167]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
THEREFORE, IT IS ORDERED as follows:
1. That Defendant William I. Koch's Motion for Summary Judgment [#167], filed July 15, 2014, is DENIED; and
2. That Plaintiff Kirby Martensen's Motion for Permission To Extend Time To File Newly-Discovered Evidence - August 20, 2014 Deposition Testimony - To Supplement His Record in Opposition to Defendant William I. Koch's Motion for Summary Judgment [#214], filed August 27, 2014, is DENIED AS MOOT.
Dated January 21, 2015, at Denver, Colorado.
BY THE COURT:
/s/_________
Robert E. Blackburn
United States District Judge