Opinion
Case No: 10-12965
10-26-2012
DAVID TOUCHTON and DEBRA TOUCHTON, Plaintiffs, v. FIDELITY NATIONAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant.
Hon. Mark A. Randon
ORDER PERMITTING SUPPLEMENTAL BRIEFING FROM
PLAINTIFF AND CONVERTING FIDELITY'S MOTION IN
LIMINE (DKT. 41) INTO A MOTION FOR SUMMARY JUDGMENT
This matter comes before the Court on Defendant Fidelity National Property and Insurance Company's ("Fidelity") motion in limine (Dkt. 41). By way of procedural background, Fidelity first raised the legal arguments presented in its motion in limine in a motion for summary judgment (Dkt. 29). The Court, however, struck Fidelity's motion from the docket since it was filed past the dispositive motion cut-off. The Court's order (Dkt. 36) striking Fidelity's motion for summary judgment and denying Fidelity's motion for leave to file a tardy dispositive motion (Dkt. 30) is hereby VACATED, and Fidelity's motion for leave to file a dispositive motion is instead GRANTED.
Rule 56(b) states that "[u]nless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery" (emphasis added). Through this order, the Court is ordering "otherwise," and construing Fidelity's motion in limine as a motion for summary judgment.
More particularly, the Court is putting Plaintiffs on notice that it intends to treat Fidelity's motion in limine (Dkt. 41) as a motion for summary judgment under Fed. R. Civ. P. 56. If Plaintiffs wish to file any additional briefing with the Court, or present the Court with any additional exhibits, Plaintiffs must do so WITHIN TWENTY ONE (21) DAYS of the date of this order. If Plaintiffs do not intend to file any additional briefing or exhibits in response to Fidelity's motion in limine (which, again, is now a motion for summary judgment), Plaintiffs should inform the Court of their decision to stand on their existing response (Dkt. 42) as soon as that decision is made.
SO ORDERED.
_________________
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, October 26, 2012, by electronic and/or ordinary mail.
Melody Miles
Case Manager Magistrate Judge Mark A. Randon
(313) 234-5542