Sawyer v. Hospitality Properties Trust et al, No. 2:2011cv00053 - Document 20 (E.D. La. 2011)
Court Description: ORDER AND REASONS denying 11 Motion for Summary Judgment. Signed by Judge Ivan L.R. Lemelle. (lag, )
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Sawyer v. Hospitality Properties Trust et al Doc. 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LORI SAWYER CIVIL ACTION VERSUS NO. 11-53 HOSPITALITY PROPERTIES TRUST and MARRIOTT INTERNATIONAL, INC. and/or RESIDENCE INN BY MARRIOTT, L.L.C. SECTION“B”(4) ORDER AND REASONS Defendants’ opposed Motion for Summary Judgment is DENIED without prejudice. (Rec. Doc. Nos. 11 & 12). Plaintiff has filed a declaration stating that she has not had the opportunity to conduct depositions of defendants and their representatives and that she therefore cannot present facts essential to justify her opposition to the Motion for Summary Judgment. (Rec. Doc. No. 12-2). The discovery cut-off in this case is December 13, 2011, nearly two months away. It would be unfair to dismiss this case on summary judgment without allowing the Plaintiff the opportunity to fully develop the facts that would be essential to her prosecution of the case. Fed. R. Civ. P. 56(d). Summary judgment at this point would thus be premature. We are, however, troubled by Plaintiff’s assertions of defects in her complaint which now, according to her own deposition, were unknown when the complaint was filed. We reserve the opportunity to 1 Dockets.Justia.com consider the sanctionable consequences for knowingly pursuing unsupported factual or legal claims. New Orleans, Louisiana, this 21st day of October, 2011. _____________________________ UNITED STATES DISTRICT JUDGE 2
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