Jones v. Lassiter et al
ORDER, the plaintiff is directed to file within 30 days, a Response to 29 MOTION for Summary Judgment filed by Chad E Davis and Linda Lassiter and a separate Statement of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.2, a nd the instructions in this Order; Plaintiff is advised that failure to timely and properly comply with this Order may result in the Defendants' summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c) or (b) the dimissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 10/03/2012. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LINDA LASSITER, Sergeant; and
CHAD E. DAVIS, Disciplinary Court Recorder,
McPherson Unit, Arkansas Department of Correction
On October 1, 2012, Defendants filed a Motion for Summary Judgment, a Brief
in Support, and a Statement of Undisputed Facts. See docket entries #29, #30, and
#31. The Court concludes that a Response from Plaintiff would be helpful to the
resolution of that Motion.
At the summary judgment stage, a plaintiff cannot rest upon mere allegations
and, instead, must meet proof with proof. See Fed. R. Civ. P. 56(e). This means that
Plaintiff’s Response must include her legal arguments, as well as affidavits,1 prison
records, or other evidence establishing that there is a genuine issue of material fact
that must be resolved at a hearing or trial.
The affidavit must be based upon the personal knowledge of the person
executing the affidavit and must be either: (1) sworn and subscribed to by a notary
public; or (2) executed under penalty of perjury, as provided for by 28 U.S.C. § 1746.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a
Statement of Disputed Facts, which lists: (a) any disagreement she has with the
specifically numbered factual assertions in Defendants’ Statement of Undisputed Facts
(docket entry #31); and (b) any other disputed facts that she believes must be resolved
at a hearing or trial.2
Finally, Plaintiff is advised that if she intends to rely upon grievances or records
that have been previously filed with the Court, she must specifically refer to those
documents by docket number, page, date, and heading. The Court will not sift
through the file to find support for her factual contentions. See Crossley v. GeorgiaPacific, Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of
summary judgment because a plaintiff failed to properly refer to specific pages of the
record that supported his position).
IT IS THEREFORE ORDERED THAT:
Plaintiff must file, within thirty days of the entry of the Order, a
Response to Defendants’ Motion for Summary Judgment and a separate Statement of
Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the
instructions in this Order.
If Plaintiff disputes any of the facts in Defendants’ Statement of Undisputed
Facts, he must identify each numbered paragraph that contains the facts he disputes
and, for each paragraph, explain why he disputes those facts.
Plaintiff is advised that the failure to timely and properly comply with
this Order will result in: (a) all of the facts in Defendants’ summary judgment papers
being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the
dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this 3rd day of October, 2012.
UNITED STATES MAGISTRATE JUDGE
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