Judge denies Reagor-Dykes request to delay summary judgment

Judge denies Reagor-Dykes request to delay summary judgment

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LUBBOCK, Texas -

U.S. Senior District Judge Sam Cummings finds Reagor-Dykes has not shown good cause as to why the Court should put off considering Ford Motor Credit's request for summary judgment, according to an order filed Friday. Ford Credit is asking for the judge to rule in its favor without proceeding through a full trial.

Attorneys for co-owners Bart Reagor and Rick Dykes requested the court put off considering that motion and requested discovery to better defend themselves, according to a filing from Jan. 25. Attorneys wrote in that request Ford Credit's request for summary judgment is "premature," and the attorneys wanted to obtain and review documents from both the auto group and Ford Credit, as well as depose employees -- specifically, Ford Credit's regional manager Gary Byrd and the auto group's former chief financial officer, Shane Smith. Court documents filed Wednesday indicate Reagor and Dykes's attorneys intend to explore Byrd and Smith's relationship to see whether Ford Credit was "complicit" in its own accusations of massive fraud.

In the order denying a delay, Judge Cummings orders attorneys for Reagor and Dykes to respond to Ford Credit's request for summary judgment by Feb. 22.

This is the order to deny deferment. Follow the links above to see previous filings.

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