Albert S. Dabrowski
BRIEF MEMORANDUM AND ORDER
DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND SCHEDULING TRIAL DATE
On March 30, 2011, Kelly Jeanne Anderson (hereinafter, the "Plaintiff"), commenced the captioned Adversary Proceeding by filing a complaint seeking, pursuant to Bankruptcy Code Section 523(a)(15), a determination of nondischargeability of certain alleged indebtedness of Ronald H. Canty (hereinafter, the Debtor/Defendant) arising from a divorce judgment entered on August 5, 2009, in Kelly J. Canty v. Ronald H. Canty, Connecticut Superior Court, Judicial District of Litchfield (Docket No. LLI-FA09-400830-S). On May 18, 2011, the Plaintiff filed a Motion for Summary Judgment (hereinafter, the "Motion"), ECF No. 12, asserting entitlement to summary judgment pursuant to Fed. R. Civ. P 56 as applicable by Fed. R. Bankr. P. 7056. Motion at 1.
A review of the files and records of this proceeding reflects that the represented Plaintiff has failed to comply with D. Conn. L. Civ. R. 56(b), applicable to this proceeding
by Fed. R. Bankr. P. 1001-1(b), thereby depriving the pro se Debtor/Defendant with the requisite timely notice of that rule. See also Ruotolo v. IRS, 39 F.3d 6 (2nd Cir. 1994).Accordingly,
The Special Notice to Pro Se Party Re; Motion for Summary Judgment, ECF No. 13, issued and served by the Clerk, is in addition to, not in lieu of, the notice required to be served by the party moving for summary judgment in accordance with D. Conn. L. Civ. R. 56(b).
IT IS HEREBY ORDERED that the Motion is DENIED without prejudice to the Plaintiff its refiling, on or before November 4, 2011, attended by full compliance with all applicable rules.
It further appearing that the trial of this proceeding, originally scheduled for October 3, 2011, was marked off "due to pending Motion for Summary Judgment", see Docket Entry of September 13, 2011, ECF No. 15, in accordance with which
IT IS FURTHER ORDERED that the Trial Date for this Proceeding as established in the Pretrial Order, ECF No. 10, is rescheduled to Monday, February 13, 2012 at 10:00 AM, and
IT IS FURTHER ORDERED the Pretrial Order otherwise remains in full force and effect subject to further revision as may be agreed by the parties or requested and approved by the Court.
BY THE COURT
Albert S. Dabrowski
United States Bankruptcy Judge