Morgan v. Lamneck

Full title: PAUL MORGAN, Plaintiff, v. GINNY LAMNECK, et al., Defendants

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Mar 23, 2011

Case No. 2:09-cv-218 (S.D. Ohio Mar. 23, 2011)

Opinion

Case No. 2:09-cv-218.

March 23, 2011

OPINION AND ORDER

ALGENON MARBLEY, District Judge

This matter is before the Court on Defendants' request to supplement the record in support of their pending Motion for Summary Judgment. This request was presented to the Court by oral motion during a hearing on March 23, 2011. Plaintiff, Paul Morgan, objected to the motion.

After careful consideration, the Court denies the motion to supplement. Defendants filed their Motion for Summary Judgment over eleven months ago, on April 15, 2010. Since that date, Defendants have made no effort to supplement the record before the Court. Furthermore, the Defendants stated at oral argument that they cannot confirm that the evidence they seek to add to the record even exists. Defendants have had ample time both to determine that additional evidence exists and to move that the evidence be added to the record. As they did not utilize this opportunity during the many months their Motion has been pending before the Court, Defendants' oral Motion to Supplement the Record is DENIED.

IT IS SO ORDERED.