United States of America v. Smith

Filing 63

ORDER denying any relief requested in 58 Defendant's Offer of Proof by Affidavit. Defendant's response to 62 Plaintiff's MOTION for Summary Judgment is due on 4/5/2012. See PDF document for details. Signed by Judge David G Campbell on 3/28/12. (LSP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 United States of America, Plaintiff, 10 11 12 13 No. CV10-2358-PHX-DGC ORDER vs. Robert F. Smith, Defendant. 14 15 On January 25, 2012, Defendant Robert F. Smith filed a document titled “Offer of 16 Proof by Affidavit.” Doc. 58. The 26-page document, containing 107 paragraphs of 17 factual and legal assertions, sets forth a variety of legal and factual arguments made by 18 Defendant in this case. The document states that its assertions will be deemed true if 19 Plaintiff does not offer proof in rebuttal within 30 days. The document asks the Court to 20 schedule a show-cause hearing. The document also makes various assertions concerning 21 improper conduct and lack of authority on behalf of Plaintiff and Plaintiff’s counsel. 22 Plaintiff has filed a response (Doc. 60) and Defendant has filed a reply (Doc. 61). 23 Defendant’s Offer of Proof by Affidavit is not authorized by the Federal Rules of 24 Civil Procedure. Those rules do not permit Defendant to present an offer of proof of this 25 type, demand responses within 30 days, and declare that the assertions in the offer of 26 proof will be deemed true unless rebutted by the opposing party. Nor do the rules allow 27 Defendant to demand a show-cause hearing on the basis of an offer of proof. As a result, 28 any relief requested in Defendant’s Offer of Proof by Affidavit (Doc. 58) is denied. 1 Plaintiff has filed a motion for summary judgment pursuant to Rule 56 of the 2 Federal Rules of Civil Procedure. Doc. 62. Defendant’s response to the motion is due on 3 April 5, 2012. In responding to the motion, Defendant must comply not only with 4 Federal Rule of Civil Procedure 56, but also with Local Rule of Civil Procedure 56.1. If 5 Defendant fails to respond to the motion, or fails properly to present evidence giving rise 6 to a question of fact or otherwise to show that Plaintiff is not entitled to judgment as a 7 matter of law, the Court may grant summary judgment in favor of Plaintiff.1 8 Dated this 28th day of March, 2012. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 26 27 28 The Court’s Case Management Order (Doc. 31) established a deadline of November 18, 2011, for motions for summary judgment. Because the schedule in this case was delayed by Defendant’s several requests for clarification of his discovery obligations, his assertion of a Fifth Amendment privilege, and his attempt to seek an interlocutory appeal, the Court will not hold the parties to that deadline and will consider the motion filed by Plaintiff on March 1, 2012. -2-

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