Thứ Hai, 15 tháng 7, 2013

Should a Party Get Discovery Before Responding to an SJ Motion?




Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea:
In response, Plaintiff argues, inter alia, that the Motion is premature at this time since Plaintiff has not had the opportunity to conduct any discovery whatsoever in the case. The Court agrees with Plaintiff to the extent it argues that summary judgment should be denied as premature. At the time of the Motion, Plaintiff had no opportunity to conduct any discovery. Accordingly, Plaintiff cannot be expected to consummately respond to the factual contentions Defendants raise in their Motion. See Smith v. Florida Dep’t of Corrections, 713 F.3d 1059, 1064 (11th Cir. 2013) (“Summary judgment is premature when a party is not provided a reasonable opportunity to discover information essential to his opposition.”).
Score one for the federal rules?

1 nhận xét:

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