Ogindo v. Binghamton University et al, No. 3:2007cv01322 - Document 74 (N.D.N.Y 2009)
Court Description: DECISION AND ORDER denying with leave to renew after Pltf has appeared for deposition and responded to Deft's outstanding discovery requests as to Pltf's 71 Motion for Summary Judgment. Dispositive motions to be filed by 3/12/10. Signed by Senior Judge Thomas J. McAvoy on 9/8/09. (sfp, )
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------Chardles O. Ogindo, Plaintiff, v. 07-CV-1322 Lois DeFleur, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER Plaintiff Charles Ogindo, proceeding pro se, moves for summary judgment pursuant to Fed. R. Civ. P. 56. Defendant has submitted materials pursuant to Fed. R. Civ. P. 56(f) seeking adjournment of the motion pending completion of discovery. Because Defendant has demonstrated adequate grounds pursuant to Rule 56(f) and because discovery remains open until December 11, 2009, Plaintiff s motion for summary judgment is DENIED WITH LEAVE TO RENEW after Plaintiff has appeared for deposition and responded to Defendant s outstanding discovery requests. Any dispositive motions must, however, be filed on or before March 12, 2010. IT IS SO ORDERED. Dated:September 8, 2009
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