Johnson v. Fogo De Chao Churrascaria LLC

Background

Fogo De Chao filed a motion for summary judgment, a request for judgment based on the record without a trial. Scott Johnson objected, arguing that the motion was untimely under General Order 56 and premature under Federal Rule of Civil Procedure 56(d). Johnson filed the objection one week late, but the court considered it because Fogo De Chao had an opportunity to respond and did not suffer prejudice.

Court’s Analysis

The court relied on Section 3 of General Order 56, which stays discovery, motion practice, and other proceedings unless the assigned judge orders otherwise. The order makes exceptions for motions under Rule 12(b) and motions to appear pro hac vice. Requests to file other motions must be approved through a stipulation or administrative motion. The court concluded that Fogo De Chao’s Rule 56 motion was untimely under the current version of General Order 56. The court did not need to decide whether the motion was premature under Rule 56(d). It also explained that cases applying an older version of General Order 56 did not control because that version did not expressly stay motion practice in the same way.

Ruling

Judge Beth Labson Freeman sustained Johnson’s objection and terminated Fogo De Chao’s motion for summary judgment without prejudice to being timely refiled under General Order 56. The court vacated the March 10, 2022 hearing.