Kirkindoll v. Texans Credit Union et al, No. 3:2011cv01921 - Document 86 (N.D. Tex. 2012)
Court Description: MEMORANDUM OPINION AND ORDER withdrawing in part sua sponte 77 MEMORANDUM OPINION AND ORDER denying 63 Motion for Summary Judgment filed by Texans CUSO Services LLC, Texans Credit Union, National Credit Union Administration Board, Texans CUSO In surance Group LLC, Texans CUSO Partners LLC; denying as moot 82 Rule 60(b) MOTION for Relief from Order Denying Summary Judgment; and denying as moot 84 MOTION to Certify for Immediate Appeal the Court's Order Denying Summary Judgment. Defendants' 63 June 7, 2012 motion for summary judgment is now taken under advisement, to be decided in due course on the original briefing, unless the court requests further briefing. (Ordered by Chief Judge Sidney A Fitzwater on 12/19/2012) (Chief Judge Sidney A Fitzwater)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GARY KIRKINDOLL, Plaintiff, VS. NATIONAL CREDIT UNION ADMINISTRATIVE BOARD, AS CONSERVATOR OF TEXANS CREDIT UNION, et al., Defendants. § § § § Civil Action No. 3:11-CV-1921-D § § § § § § § § MEMORANDUM OPINION AND ORDER The court sua sponte withdraws §§ I-III of its October 15, 2012 memorandum opinion and order, in which it denied defendants June 7, 2012 motion for summary judgment. See Kirkindoll v. Texans Credit Union, 2012 WL 4866501, at *1-7 (N.D. Tex. Oct. 15, 2012) (Fitzwater, C.J.). Defendants June 7, 2012 motion for summary judgment is now taken under advisement, to be decided in due course on the original briefing,1 unless the court requests further briefing. Treating defendants November 20, 2012 Rule 60(b) motion for relief from order denying summary judgment as a motion for reconsideration,2 the motion is denied without prejudice as moot. Defendants November 20, 2012 request under 28 U.S.C. 1292(b) to certify for immediate appeal 1 The original briefing means defendants June 7, 2012 motion, brief, and appendix; plaintiff s June 28, 2012 response, brief, and appendix; and defendants July 12, 2012 reply brief. 2 Fed. R. Civ. P. 60(b) is inapposite because the summary judgment ruling was interlocutory, and Rule 60(b) applies to a final judgment, order, or proceeding. the court s order denying summary judgment is also denied without prejudice as moot. SO ORDERED. December 19, 2012. _________________________________ SIDNEY A. FITZWATER CHIEF JUDGE -2-
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