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Tuesday, September 13, 2005 2:52:27 PM
The judge issued an order today that the summary judgment motions are "carried with the case." In layman's terms, that generally means that he is relatively likely to not rule on those motions, but rather take the case to trial. If that's the case, it takes a big stick away from LU and makes the company bet it all at trial.
This move makes sense given that it's a bench trial. That is, the Court doesn't want to go through the time of reviewing summary judgment motions, potentially deny them, and then go through those same facts again at trial. He'd rather hear them once.
This also means that if the parties are going to settle before trial, there's nothing else to wait for (i.e., parties often wait to see how summary judgment motions are ruled on before getting to pre-trial settlement talks).
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