Actor and comedian Tracy Morgan’s lawsuit against Walmart will move forward after a judge rejected a delay to the case requested by Kevin Roper, the driver who was behind the wheel of the Walmart truck that struck Morgan’s vehicle, reports TheWrap.com.
Roper had asked for a delay in the discovery process of Morgan’s suit, the story notes.
“The motion to intervene contended that evidence brought to light in the civil case would be harmful to the driver, who faces a separate criminal case in relation to the crash. (Roper is not named as a defendant in Morgan’s suit, but is mentioned in it.),” the article reports.
Roper also filed an application for emergency relief on his request earlier this month because of the publicity generated by Morgan’s lawsuit, the story adds.
His request was denied Friday by U.S. District Judge Michael Shipp.
“Mr. Roper has not demonstrated that his Application requires emergency relief,” Shipp wrote. “Here, Mr. Roper’s lack of urgency, as reflected by the submission of his Application five months after the Complaint was filed and three weeks after the Court’s Scheduling Order was entered, undermines his claim of immediate and irreparable harm.”
Roper has pleaded not guilty to one count of death by auto and four counts of assault by auto.