Summary judgment is not properly granted if the nonmoving party has not yet had an opportunity to conduct discovery necessary to oppose the motion.

In this case, Crawford moved for summary judgment on December 16, 2015—less than two months after the case was initiated. The Court has yet to issue a scheduling order or conduct an initial case management conference. Additionally, the parties have not yet begun discovery—on the issue presented in the motion or any other. (“The [parties] have yet to conduct any discovery.”). Granting summary judgment not just before discovery has been completed, but before it has even begun on this issue, would be premature.

George v. Go Frac, LLC (W.D. Tex 2016) WL 94146