Opinion
Case No. 17-cv-10862
03-27-2018
TODD CHARLES PENN, Plaintiff, v. BED BATH & BEYOND, INC., et al, Defendants.
ORDER (1) DENYING WITHOUT PREJUDICE DEFENDANT BED BATH & BEYOND , INC.'S MOTION FOR SUMMARY JUDGMENT (ECF #25) AND (2) TERMINATING AS MOOT PLAINTIFF'S MOTION TO EXTEND TIME TO FILE A RESPONSE (ECF #27)
On March 7, 2018, Defendant Bed Bath & Beyond, Inc. filed a motion for summary judgment. (See Bed Bath Mot., ECF #27.) Bed Bath filed its motion well before the May 14, 2018, fact discovery cutoff and the June 15, 2018, dispositive motion deadline. (See ECF #24.) Instead of filing a response to Bed Bath's motion, Plaintiff Todd Charles Penn has asked the Court to extend the time he has to respond to the motion until after the close of fact discovery. (See Penn Mot., ECF #27.)
The Court has reviewed both motions and concludes that it is appropriate at this time to DENY WITHOUT PREJUDICE Bed Bath's summary judgment motion. Bed Bath may re-file its motion after the close of fact discovery. Because the Court has denied Bed Bath's motion, Penn's motion for an extension of time to respond to that motion is TERMINATED AS MOOT.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE Dated: March 27, 2018
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on March 27, 2018, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
(810) 341-9764