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A Decision by Labor Day?

While the pace of litigation can sometimes be lengthy and arduous to predict, we could have a summary judgment ruling on at least one of the cases challenging the fiduciary regulation in relatively short order.

Judge Randolph D. Moss has issued a scheduling order in the case of National Association for Fixed Annuities v. United States Department of Labor et al., filed in the U.S. District Court of the District of Columbia, a schedule that calls for a motion hearing on August 25.

The schedule calls for defendants in the case to file an opposition to NAFA’s motion for a preliminary injunction and for summary judgment, as well as a cross-motion for summary judgment on or before July 8, with NAFA, the plaintiff in the case, to file any reply in support of its motion for a preliminary injunction and for summary judgment and in opposition to defendants’ cross-motion for summary judgment on or before July 22.

Defendants are to file any reply in support of their cross-motion for summary judgment on or before August 5. Judge Moss indicated that he would endeavor to issue his ruling around Labor Day.

The litigation was filed on June 2.