Citation Codes Equivalent Citations citation codes Docket Number CIVIL ACTION NO. 3:08-CV-344-DCK. Motions Motion for summary judgment : Denied Judges DAVID KEESLER, Magistrate Judge See more information ... Smart Summary Please sign up to generate summary. WESTERN SURETY COMPANY, Plaintiff, v. SUPERIOR CONSTRUCTION CORPORATION; BASIC ELECTRIC CO., INC.; C. STEVE CLARDY; THOMAS E. MILLER and PAMELA P. MILLER, Defendants. ORDER DAVID KEESLER, Magistrate Judge THIS MATTER IS BEFORE THE COURT on the "Motion for Summary Judgment" (Document No. 30) filed by Western Surety Company ("Plaintiff"). After granting several extensions of time for Defendants to respond, the parties notified chambers of the undersigned on October 14, 2009, that they had reached a settlement and would be filing a Stipulation of Dismissal. In light of the pending voluntary dismissal, the pending motion for summary judgment need not be considered on the merits at this time. IT IS, THEREFORE, ORDERED that Plaintiff's "Motion for Summary Judgment" (Document No. 30) is DENIED without prejudice. In the unlikely event that settlement fails, Plaintiff would of course be permitted to refile its motion for summary judgment. IT IS SO ORDERED.