and that he fully performed on it. The court will shortly return to the motions for summary judgment, but first issues this decision to clarify its authority to do so. II. Discussion A federal trial court may defer ruling on motions for summary judgment to determine disputed, material facts. First, Federal Rule of Civil Procedure 42(b) permits the court to bifurcate issues for trial. And second, the court may hold a summary judgment motion in abeyance pending an evidentiary hearing. As a guiding principle, the Federal Rules of Procedure — both Civil and Bankruptcy — should “be construed to secure the just, speedy, and inexpensive determination of every case and proceeding.” Feb.R.CivP. 1; Fed. R. BaNKR.P. 1001. A. Federal Rule of Civil Procedure 42 Authorizes t 6, 366 (D.P.R.1994) (<HOLDING>); S. Indus. Realty, Inc. v. Noe, 628 F.Supp.
holding crossmotions for summary judgment in abeyance conducting a fourday evidentiary hearing and then disposing of the motions holding portions of summary judgment motion in abeyance pending an evidentiary hearing holding that a district court may not grant summary judgment without giving plaintiff an opportunity to submit materials admissible in a summary judgment proceeding or allowing a hearing on defendants motion holding summary judgment motions in abeyance for possible evidentiary hearing holding evidentiary hearing on defense of judicial estoppel after parties filed crossmotions for summary judgment