Kokesh v. Curlee et al, No. 2:2019cv01372 - Document 49 (E.D. La. 2020)
Court Description: ORDER AND REASONS denying 44 MOTION to Strike 42 MOTION for Summary Judgment; granting in part and denying in part 43 MOTION to Stay Discovery; and continuing the submission date re 42 MOTION for Summary Judgment to 4/15/2020. Signed by Judge Mary Ann Vial Lemmon on 3/18/2020.(sbs)
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Kokesh v. Curlee et al Doc. 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ADAM KOKESH CIVIL ACTION VERSUS NO: 19-1372 KEVIN CURLEE, ET AL SECTION: "S" (4) ORDER AND REASONS Before the court are the following motions: (1) Kevin Curlee's Motion for Summary Judgement (Rec. Doc. 42); Kevin Curlee's Motion to Stay Discovery (Rec. Doc. 43); and Adam Kokesh's Motion to Strike Defendant's Motion for Summary Judgment (Rec. Doc. 44). The motion to strike is premised on Kokesh's contention that defendant Curlee refused to provide him evidence required to adequately respond to the motion for summary judgment. It has subsequently come to light that the evidence was mailed to plaintiff's counsel on disk, which according to providing tracking documentation, will be delivered today. Accordingly, the Motion to Strike Defendant's Motion for Summary Judgment (Rec. Doc. 44) is DENIED as moot. However, because the evidence has not been provided to counsel within 15 days of the noticed submission date (currently April 1, 2020), the submission date for the Motion for Summary Judgment (Rec. Doc. 42) is CONTINUED until April 15, 2020. See L.R. 7.2. Finally, because defendant has raised a qualified immunity defense, the Motion to Stay Discovery (Rec. Doc. 43) is granted in part and denied in part. Discovery required in connection with the pending motion for summary judgment may proceed; all other discovery (not directly Dockets.Justia.com related to the motion for summary judgment) is stayed pending resolution of the motion for summary judgment. New Orleans, Louisiana, this18th _____ day of March, 2020. ____________________________________ MARY ANN VIAL LEMMON UNITED STATES DISTRICT JUDGE 2
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