Opinion
Civil Action H-99-3029
July 1, 2002
ORDER
"District courts may grant summary judgment sua sponte, `so long as the losing party was on notice that she had to come forward with all of her evidence.'" Nowlin v. Resolution Trust Corp., 33 F.3d 498, 504 n. 9 (5th Cir. 1994) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 326 (1986)); accord Powell v. United States, 849 F.2d 1576, 1579 (5th Cir. 1988). A period of ten days is deemed reasonable notice. See Nowlin, 33 F.3d at 504 (citing FED. R. Civ. P. 56(c); Powell, 849 F.2d at 1579-80).
In light of this court's Memorandum and Order, signed July 1, 2002, granting summary judgment in favor of Defendants ExxonMobil Corporation and ExxonMobil Pension Plan, Plaintiff Beverly Ann Stahl has until July 15, 2002, to show cause why summary judgment should not also be entered in favor of Defendant Jacqueline Stahl.