Judge Marilyn L. Huff denied Fernandez’s motion to dismiss as being untimely, and NMC’s motion for summary judgment was denied as improperly filed.
Fernandez may re-file her Rule 12 motion, the court said.
Fernandez must indicate whether she is doing so under Rule 12 (c) or 12 (h) (2) of the Federal Rules of Civil Procedure, the court added.
The defendants — former NMC regents Janet King and Paz Younis, regents Frank Rabauliman and Andrew Orsini, the college, and 10 Does — have filed separate motions for summary judgment.When taken together, the supporting memoranda run to 63 pages.
Briefs or memoranda supporting or opposing a motion should not exceed 25 pages in length, according to civil rules.
The defendants may re-file their motion for summary judgment, but they may file one such motion, not three, the court said.
If the defendants cannot fit their argument into a 25-page memorandum, then they must seek leave to exceed the page limit, the court added.
Fernandez, through her lawyer Brien Sers Nicholas, sued King, Younis, Rabauliman and Orsini for violation of action under the color of law and conspiracy, while the college and 10 Does were sued for wrongful termination and breach of contract.
NMC, through attorney Michael Dotts, countersued Fernandez for breach of contract and breach of fiduciary duty. NMC is seeking a jury trial.
The NMC regents named in the lawsuit fired Fernandez in April 2010.
