Kuss v. Portage Township School Corporation et al, No. 2:2012cv00436 - Document 53 (N.D. Ind. 2014)

Court Description: OPINION AND ORDER granting 50 Motion for oral argument; taking under advisement 51 Motion to Continue. Oral argument on cross motions for summary judgmentset for 2/7/2014 10:00 AM in US District Court - Hammond before Chief Judge Philip P Simon. Decision on 51 is STAYED pending the oral argument scheduled in this order. Signed by Chief Judge Philip P Simon on 1/13/14.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION LINDA KUSS, Plaintiff, v. PORTAGE TOWNSHIP SCHOOL CORPORATION, AND PORTAGE TOWNSHIP BOARD OF SCHOOL TRUSTEES, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 2:12-cv-436 OPINION AND ORDER Defendants Portage Township School Corporation and Portage Township Board of School Trustees (hereinafter School Defendants ) have asked to present oral argument (Docket Entry 50) on the parties cross motions for summary judgment. (DE 23, DE 27.) The motion indicates that Plaintiff Kuss does not oppose the motion. I also agree that hearing oral argument in this case would assist my determination on the pending motions for summary judgment, so I hereby GRANT School Defendants motion for oral argument. (DE 50.) Counsel for the parties are ordered to appear before me for oral argument on their cross motions for summary judgment on February 7, 2014 at 10 a.m. CST (Hammond time). School Defendants have also moved to continue the trial from March 17, 2014 to avoid having to prepare for trial before knowing the outcome of the summary judgment motions, which will bear on the issues to be addressed at trial, and whether there will be a trial at all. However, trial is still over two months away, and the motion to continue indicates that Plaintiff Kuss s counsel objects to the continuance. The motion to continue (DE 51) is therefore taken under advisement, and my decision on it is STAYED pending the oral argument scheduled in this order. SO ORDERED. ENTERED: January 13, 2014 /s/ Philip P. Simon PHILIP P. SIMON, CHIEF JUDGE UNITED STATES DISTRICT COURT 2

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