RAND CORPORATION v. MOUA

Full title: Rand Corporation, Plaintiff, v. Yer Song Moua, et al., Defendants

Court: United States District Court, D. Minnesota

Date published: Feb 9, 2007

Civ. No. 07-510 (RHK/JSM) (D. Minn. Feb. 9, 2007)

Opinion

Civ. No. 07-510 (RHK/JSM).

February 9, 2007

ORDER

RICHARD KYLE, District Judge

This matter is before the Court sua sponte. Plaintiff commenced this action by filing a Complaint on January 29, 2007. On February 8, 2007, Plaintiff filed a Motion for Summary Judgment (Doc. No. 3). However, Federal Rule of Civil Procedure 56(a) provides, in pertinent part, that "[a] party seeking to recover upon a claim . . . or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action . . ., move . . . for a summary judgment in the party's favor." (emphasis added). Plaintiff's Motion for Summary Judgment, therefore, violates Rule 56(a).

Accordingly, it is ORDERED that Plaintiff's Motion for Summary Judgment (Doc. No. 3) is DENIED WITHOUT PREJUDICE. Plaintiff may re-file the Motion upon expiration of the 20-day period provided for in Rule 56.