UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SENIOR LIVING PROPERTIES LLC

TRUST,

Plaintiff,

VS.

CLAIR ODELL INSURANCE AGENCY

LLC d/b/a CLAIR ODELL GROUP,

ET AL.,

Defendants.

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)

)

) CIVIL ACTION NO.

)

) 3:04-CV-0816-G

)

)

)

)

)

)

MEMORANDUM OPINION AND ORDER

Before the court is the motion of the defendants Clair Odell Insurance Agency,

LLC and Mellon Insurance Agency, Inc. (collectively, “COG”) for leave to file a

second motion for summary judgment. For the reasons stated below, the motion is

denied.

Local Civil Rule 56.2(b) provides that “[u]nless otherwise directed by the

presiding judge, or permitted by law, a party may file no more than one motion for

summary judgment.” L.R. N.D. Tex. 56.2(b). On March 1, 2005, COG filed a

motion for summary judgment which was granted in part and denied in part by the

 

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court on June 7, 2005. COG seeks leave of this court to file a second motion for

summary judgment. The court will grant such a motion only if COG shows good

cause to do so. See FED. R. CIV. P. 16(b).

In support of its motion for leave, COG asserts several defenses to the claims

asserted against it by the plaintiff Senior Living Properties, L.L.C. Trust (the “SLP

Trust”). Defendants Clair Odell Insurance Agency, LLC and Mellon Insurance

Agency, Inc.’s Opposed Motion for Leave to File Second Motion for Summary

Judgment at 2. Additionally, COG argues that “[s]ince a jury trial of this case will

consume over two weeks of this Court’s limited resources, and the Motion for

Summary Judgment asserts defenses that are dispositive of the entire case,

consideration of the Motion will further the interests of judicial economy. . . .” Id.

COG also cites the “considerable expense to complete discovery of all fact and expert

witnesses to prepare for trial.” Id. 

This case is set for trial on the court’s four-week docket beginning October 3,

2005. Amended Order Establishing Schedule and Certain Pretrial Requirements ¶ 2. 

The deadline to complete discovery in this case is September 9, 2005. Id. ¶ 5. The

SLP Trust argues that allowing another motion for summary judgment at this time

will cause further delay in completing discovery and participating in court ordered

mediation. Senior Living Properties, LLC Trust’s Response in Opposition to the

Motion for Leave to File Second Motion for Summary Judgment of Defendants Clair

 

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Odell Insurance Agency, LLC and Mellon Insurance Agency, Inc. at 3. The court

agrees. 

The defenses asserted by COG were available to it at the time it filed its initial

motion for summary judgment, and such defenses will be available at the time of trial. 

The court has been quite accommodating to the parties in their requests for

extensions of time and amendments to the court’s schedule for this case. Allowing a

second motion for summary judgment will likely result in further delay. The court is

unwilling to allow such a delay considering the trial is just over two months away. 

For the reasons above, COG’s motion for leave to file a second motion for

summary judgment is DENIED.

SO ORDERED.

August 5, 2005.

 

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