Neill v. Knauts et al

Filing 22

ORDER directing the Plaintiff to file, within 30 days, a Response to 18 MOTION for Summary Judgment filed by Gerald McClung and a separate Statement of Disputed Facts that comply with the Local Rule and instructions set forth in this Order. Pla intiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts in 18 being deemed admitted by Plaintiff; or (b) the dismissal of this action, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 09/05/2014. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

BRANDY ANN NEILL,
ADC #712275
V.

PLAINTIFF
3:14CV00011 JLH/JTR

C. W. KNAUTS; and
GERALD MCCLUNG,
Clay County Sheriff

DEFENDANTS

ORDER
Separate Defendant McClung has filed a Motion for Summary Judgment, a
Brief in Support, and a Statement of Disputed Facts. Docs. 18, 19, & 20. Plaintiff
must respond to 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.
Furthermore, pursuant to Local Rule 56.1, Plaintiff must also separately file a

1

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.

Statement of Disputed Facts, which lists: (a) any disagreement she has with the
specifically numbered factual assertions in Defendant McClung’s Statement of
Undisputed Facts (Doc. 20); 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 on documents that have
been previously filed in the record, 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 Plaintiff’s factual contentions. See Crossley v. Georgia-Pacific,
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:
1.

Plaintiff must file, within thirty days of the entry of this Order, a

Response to Defendant McClung’s 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 set forth in this Order.

2

If Plaintiff disputes any of the facts in Defendant McClung’s Statement of Undisputed
Facts, she must identify each numbered paragraph that contains the facts she disputes and, for each
paragraph, explain why she disputes those facts.
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2.

Plaintiff is advised that the failure to timely and properly comply with

this Order will result in: (a) all of the facts in Defendant McClung's 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 5th day of September, 2014.

UNITED STATES MAGISTRATE JUDGE

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