SERATT v. SERATT

JIMM HENDREN, District Judge

This matter is set to proceed to trial on September 8, 2008. The defendant previously filed a Motion for Summary Judgment, prior to the completion of discovery, arguing that plaintiff's claims were barred by the statute of limitations. The Court denied the motion, finding there were factual issues in dispute regarding when plaintiff demanded re-payment of the funds allegedly loaned or entrusted to his brother.

Plaintiff is proceeding pro se and it is difficult to discern the exact factual and legal basis for his claims. The Court suspects, now that the parties have completed discovery, that plaintiff can better identify the nature of his claims and that some, or all, of these claims may be capable of resolution by summary judgment.

Accordingly, the Court hereby orders as follows:

1. The defendant shall be permitted to file a second motion for summary judgment on or before September 12, 2008. Plaintiff shall have until September 26, 2008, to file a response, and the defendant shall have until October 3, 2008, to file a reply. The parties may raise any issue they wish to raise in their summary judgment filings, but they should also specifically address the following issues:

* the circumstances of each transaction identified in paragraphs 9 through 15 of plaintiff's complaint;

* whether the nature of the transaction was a loan, a valid trust, or some other sort of arrangement;

* whether plaintiff's claim regarding each transaction would be barred by the statute of limitations; and

* whether the defendant breached any obligations he had to plaintiff with regard to each transaction.

2. The September 8, 2008 trial date is hereby CANCELLED. The trial of this matter will be rescheduled should the above-referenced summary judgment filings not dispose of the case.

IT IS SO ORDERED.