Richardson v. Navistar Inc et al
ORDER granting in part and denying in part 91 Motion to Strike 84 Statement of Facts (Local Rule 56.1), 85 Brief in Support, 83 MOTION for Summary Judgment. Navistar must file a substituted statement by February 17, 2012, which must conform to the conditions set forth in this Order. Richardson's responses to motion for summary judgment, related brief, and substituted statement is extended until February 27, 2012. Navistar may file a 15-page reply by March 6, 2012. Signed by Judge D. P. Marshall Jr. on 2/9/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ALICIA RICHARDSON, Individually and as
Administratrix of the Estate of
SANDY OSBURN, Deceased
NAVISTAR, INC.; INTERNATIONAL TRUCK
AND ENGINE CORPORATION; and N AVISTAR
INTERNATIONAL TRANSPORTATION CORP.
To keep the case on track, the Court needs to rule now on Richardson's
or get more time to respond. Navistar has not been heard. But the issues are
1. Navistar's 103-page brief is far too long. The Court nevertheless
declines to strike it. The Court has not imposed any page limits - until now.
The Court reminds counsel that, as Judge Richard S. Arnold was fond of
saying, "brief" is an adjective as well as a noun.
2. Navistar's Local Rule 56.1 statement is neither concise nor helpful in
winnowing the undisputed material facts from the genuinely disputed ones.
The statement also lacks citations to the summary-judgment record, although
this omission is partly cured by the numerous record citations in the brief.
Record citations in the statement are not prescribed by the Local Rule, but
traditi,on and good practice strongly encourage them.
Based on the
statement's defects, the Court strikes it.
3. Navistar must file a substituted statement by 17 February 2012. This
substituted statement must conform to these conditions:
It may not exceed twenty-five pages;
It must contain citations to specific pages of the summary-judgment
it must contain material undisputed facts, not arguments or
it must be presented in single-sentence, numbered paragraphs.
Navistar shall also send the substituted statement in Word or Wordperfect to
Richardson. Richardson must copy it and respond in interrogatory-answer
fashion - with single-sentence answers also supported by citations to specific
pages of the summary-judgment record. Richardson's responding statement
must not exceed fifty pages. The deadline for Richardson's responses to
Navistar's motion for summary judgment, related brief, and substituted
statement is extended until 27 February 2012. Navistar may file a fifteen-page
reply by 6 March 2012.
4. Navistar's filing of its voluminous summary-judgment papers a few
hours late is an insufficient reason for the Court to deny that motion. Motion
to strike, Document No. 91, granted in part and denied in part.
D.P. Marshall Jr.
United States District Judge
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