Sallee v. Rogers et al, No. 2:2022cv02155 - Document 18 (W.D. Ark. 2023)
Court Description: OPINION AND ORDER denying without prejudice 15 Motion for Judgment on the Pleadings. Signed by Honorable P. K. Holmes III on January 19, 2023. (mjm)
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Sallee v. Rogers et al Doc. 18 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION GINA SALLEE v. PLAINTIFF No. 2:22-cv-02155 BLAKE ROGERS; TIERRA, INC.; JERRY MARTIN, personally and in his individual capacity as Mayor; MARK YARDLEY, personally and in his individual capacity as Public Works Director; CITY OF ALMA, ARKANSAS; JOHN DOES 1-8 DEFENDANTS OPINION AND ORDER Before the Court is Separate Defendants Blake Rogers and Tierra, Inc.’s motion (Doc. 15) for judgment on the pleadings. Plaintiff Gina Sallee has filed a response in opposition (Doc. 16). Additional evidence was attached to both the motion and the response. (Docs. 15-1, 15-2; Doc. 16-1). Under the Federal Rules of Civil Procedure, this converts the motion into one for summary judgment. Fed. R. Civ. P. 12(d). As there has been little time for discovery, the Court will DENY the motion as premature. The parties may file for summary judgment after the close of discovery. IT IS THEREFORE ORDERED that Defendants Blake Rogers and Tierra, Inc.’s motion (Doc. 15) for judgment on the pleadings is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED this 19th day of January, 2023. /s/P. K. Holmes, ΙΙΙ P.K. HOLMES, III U.S. DISTRICT JUDGE 1 Dockets.Justia.com
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