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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS. CAUSE NO. DEFENDANTS MOTION TO RE-SET HEARING COMES NOW Plaintiff, by and through his/her attorneys and files this his/her Motion to Re-Set Hearing and in support thereof states the following: 1. A Scheduling Order was entered in this case on , 20 . Pursuant to said Scheduling Order the discovery deadline is , 20 . Further, the Scheduling Order provides that the Motion deadline is , 20 and a hearing for any Motions filed is preset for , 20 . 2. On or about , 20 , Defendant, filed a Motion to Dismiss or in the Alternative, for Summary Judgment. Without consulting Plaintiff's attorneys, noticed the hearing for , , 20 . 3. Presently, Plaintiff and Defendant are actively engaged in discovery. Plaintiff has propounded Requests for Production of Documents to Methodist and is in the process of preparing Interrogatories for submission to . Furthermore, Plaintiff has propounded discovery to the other Defendants and is scheduled to take the deposition of on 22, 20 , provided said Defendant has fully responded to discovery. Moreover, pursuant to the Scheduling Order, Plaintiff is entitled to continue discovery efforts through , 20 . 4. A hearing on Motion prior to the end of discovery is premature and would be prejudicial to Plaintiff. Plaintiff is entitled to complete discovery before being required to respond to and have a hearing on the Motion to Dismiss, or in the Alternative, for Summary Judgment filed by . The very purpose for discovery is to allow the parties to fully explore and develop their cases. The granting of a motion to dismiss is not proper unless there are no facts under which the defendant could be liable and the granting of a motion for summary judgment is not proper unless the are no dispute as to the material facts and the moving party prevails as a matter of law. Until Plaintiff has had the full period of time for discovery, as agreed to by the parties, he/she cannot adequately determine there are material facts at issue and whether under facts, as determined through discovery, a cause of action exists against . 5. In addition, a dismissal might result in any claims, which Plaintiff has against being barred by the statute of limitations. Such a result would be harsh and extremely unfair to Plaintiff until he/she has had an opportunity to complete discovery. In contrast, would not be harmed or prejudiced in any way by re-setting the hearing of its Motion for , 20 2222 when any other pretrial and dispositive motions in this matter will be heard. Moreover, continuing Motion to , 20 will result in judicial economy for the Court and reduce the costs of litigation on the parties. WHEREFORE, PREMISES CONSIDERED, Plaintiff, , moves this Court to re-set the hearing on the Motion to Dismiss, or in the Alternative, for Summary Judgment filed herein by Defendant, , for , , at : a.m./p.m. or such other time after the deadline for discovery as the Court shall deem appropriate. RESPECTFULLY SUBMITTED, this the day of , 20 . By: ________________________________ ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I, , attorney for Plaintiff, , do hereby certify that I have forwarded this date, a true and correct copy of the above and foregoing MOTION TO RE-SET HEARING, by U.S. Mail, postage fully prepaid, to THIS, the day of , 20 . _____________________________________