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CHARTER OAK FIRE INSURANCE COMPANY, Plaintiff, v. HENRY LEAVERTON, TAMMY LEAVERTON, and JASON PAUL ROGERS, Defendants.

ORDER

BARBARA LYNN, District Judge

On September 3, 2004, Plaintiff filed a "Motion to Extend Deadlines and Motion for Leave to File Additional Summary Judgment Motion."

Unless otherwise permitted by the Court, a party is entitled to only one summary judgment motion. U.S. DIST. CT. RULES N.D. TEX., L.R. 56.2. Plaintiff is requesting leave to file a second summary judgment motion on grounds that additional evidence has come to light since Plaintiff filed its initial Motion for Summary Judgment on December 19, 2003.

Plaintiff could have reasonably anticipated that additional discovery would be conducted in the ten months between the date of its initial Motion for Summary Judgment and the Court's dispositive motion deadline. Plaintiff should also have anticipated that this discovery could have revealed relevant evidence not previously in its possession. Finding insufficient good cause to permit Plaintiff to file a second summary judgment motion, Plaintiff's Motion is hereby DENIED.

SO ORDERED.

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CHARTER OAK FIRE INSURANCE COMPANY v. LEAVERTON
(Oct 7, 2004)