Youngdale & Sons Construction Co. v. United States

OPINION

REGINALD W. GIBSON, Judge:

Plaintiff filed a Motion for [Partial] Summary Judgment on February 5, 1991, with respect to which the defendant has not yet responded.1 Previously, plaintiff filed a motion for partial summary judgment on identical grounds, during pretrial proceedings, which it voluntarily withdrew on July 20, 1990. On September 5, 1990, the court scheduled a trial on the merits for October 23, 1991; in Los Angeles, California. On February 5, 1991, more than four months after setting the trial date, plaintiff refiled essentially the same motion for partial summary judgment…