Barnett v. United States Air Force et al

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MAJOR SEAN BARNETT,
Plaintiff,
v.
DEFENSE HEALTH AGENCY,
Defendant.
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Case No. 3:25-cv-228
Judge Thomas M. Rose
Magistrate Judge Michael R. Merz
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ENTRY AND ORDER DENYING PLAINTIFF’S RULE 56 MOTION FOR
PARTIAL SUMMARY JUDGMENT (DOC. NO. 75) WITHOUT PREJUDICE
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Currently before the Court is Plaintiff’s Rule 56 Motion for Partial Summary Judgment
(“Motion”) (Doc. No. 75), wherein Plaintiff Major Sean Barnett (“Barnett”) seeks partial summary
judgment against Defendant the Defense Health Agency (“DHA”). 	The Court orally denied
Barnett’s Motion during a telephone conference, conducted on the record and in the presence of
the Parties or their counsel, on February 4, 2026, at 10:30 AM. This Order provides the Court’s
rationale for said ruling.
The Federal Rules of Civil Procedure provide that “a party may file a motion for summary
judgment at any time until 30 days after the close of all discovery.” 	Fed. R. Civ. P. 56(b).
However, reviewing courts observe “[t]he general rule that summary judgment is improper if the
non-movant is not afforded a sufficient opportunity for discovery.” 	Vance By & Through
Hammons v. United States, 90 F.3d 1145, 1148 (6th Cir. 1996) (citing White’s Landing Fisheries,
Inc. v. Buchholzer, 29 F.3d 229, 231-32 (6th Cir. 1994)). While Barnett’s APA claim against DHA
may not require discovery in the traditional sense, neither party to this litigation has yet had any
opportunity for factfinding, much less a sufficient one. Along these lines, the Court finds Barnett’s
Case: 3:25-cv-00228-TMR-MRM Doc #: 80 Filed: 02/04/26 Page: 1 of 2 PAGEID #: <pageID>

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Motion to be premature. 	Therefore, the Court hereby DENIES Plaintiff’s Rule 56 Motion for
Partial Summary Judgment (Doc. No. 75) WITHOUT PREJUDICE.
DONE and ORDERED in Dayton, Ohio, this Wednesday, February 4, 2026.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00228-TMR-MRM Doc #: 80 Filed: 02/04/26 Page: 2 of 2 PAGEID #: <pageID>