Free Order on Motion for Summary Judgment - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 Sharon Newton-Nations, et al., 9 Plaintiffs, 10 vs. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02506-EHC Document 127 Filed 12/18/2007 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 03-2506-PHX-EHC ORDER

Anthony Rodgers, et al., Defendants.

Defendant filed a Motion for Summary Judgment on May 21, 2004 (Dkt. 60). Plaintiffs filed a Motion for Summary Judgment on August 27, 2004 (Dkt. 86). On March 10, 2005, the Court entered an Order staying a ruling on the Parties' CrossMotions for Summary Judgment pending decision in Spry v. Thompson, Civil Action No. 03-121-ST (D.Or.) by the Court of Appeals for the Ninth Circuit or until further Order of the Court (Dkt. 112). A decision has now been rendered in Spry v. Thompson, 487 F.3d 1272 (9th Cir. 2007). An Order issued directing the Parties to file a Joint Report informing the Court whether the stay should be lifted and, if so, whether supplemental briefing is requested on the summary judgment motions. On December 12, 2007, the Parties filed their Joint Report that the stay should be lifted and requesting a schedule to file supplemental briefing on the pending Cross-Motions for Summary Judgment (Dkt. 126).

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The Court will lift the stay of this case. The Court will further dismiss without prejudice the Parties' Cross-Motions for Summary Judgment, as these motions have been pending for more than three years, and the Parties have requested to file supplemental briefing. The Parties will be permitted to re-file their summary judgment motions to include complete briefing on the issues so as to achieve a more expeditious consideration of the issues and to avoid confusion. The Parties shall submit a Joint Proposed Summary Judgment Briefing Schedule for approval by the Court within ten (10) days of this Order. Accordingly, IT IS ORDERED that the stay of this case is lifted and this case no longer remains stayed. IT IS FURTHER ORDERED that the Parties' Cross-Motions for Summary Judgment (Dkt. 60 & 86) are dismissed without prejudice. IT IS FURTHER ORDERED that the Parties may re-file their Summary Judgment Motions to include complete briefing on the issues. IT IS FURTHER ORDERED that the Parties shall submit a Joint Proposed Summary Judgment Briefing Schedule for approval by the Court within ten (10) days of this Order. DATED this 17th day of December, 2007.

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