Mitnik v. Cannon

MEMORANDUM

BARTLE, District Judge.

Plaintiffs have filed a motion for reconsideration of the Court’s February 21, 1992 Order granting the defendants’ motion for summary judgment as to Counts I and II and dismissing Counts III through VII of the Complaint, 784 F.Supp. 1190. 1

Plaintiffs contend that the Court erred in granting summary judgment before defendants had filed an Answer to the Complaint and prior to the conducting of discovery. According to plaintiffs, the Court did not have all the facts before it and, therefore, was in no position to grant a motion for summary judgment.

Rule 56(a) of…