Mosley v. Wal-Mart Stores, Inc et al
||July 2, 2004
||US District Court for the Southern District of Alabama
||Kristi K. DuBose (MJ)
||William H. Steele
|Nature of Suit:
|Cause of Action:
||29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
|Jury Demanded By:
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|May 9, 2005
ORDER REOPENING CASE: granting 26 Motion for Reconsideration and VACATING two documents: 24 Order on Motion for Summary Judgment and 25 Judgment pursuant to Rule 60(b) on the ground of clear error, to-wit: Both were based on defendants' mi srepresentation that plaintiff failed to exhaust her administrative remedies, when in fact all parties now agree that she has done so. This action is hereby REINSTATED to the court's active docket. The following deadlines have been set: a succes sive Rule 56 motion must be filed on or before5/20/05, Final PRETRIAL CONFERENCE is set for 2:30 p.m. on 7/12/05, BENCH TRIAL will be set during the August 2005 trial term, and the disclosure of information regarding the evidence that each party may present at trial is to be made on or before 7/1/05. Finally, plaintiff's Request, doc. 29, for an order requiring defendants to pay her "past gum and dental and [her] future bills" is DENIED insofar as it seeks to interpose new causes of action, and is MOOTto the extent it reiterates claims previously asserted herein. Signed by Judge William H. Steele on 5/6/05. Copies to parties 5/9/05. (mpp)
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