Anderson v. Hubbard et al

Filing 92

ORDER directing the Plaintiff to file a response and a separate Statement of Disputed Facts to 89 Defendant's Second MOTION for Summary Judgment filed by Connie Hubbard within 30 days. Plaintiff is advised that failure to timely and properl y comply with this Order will result in: (a) all of the facts set forth in Defendant's summary judgment papers being deemed admitted by Plaintiff; or (b) the dismissal of this action, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 06/01/2012. (kcs)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION THEODORE A. ANDERSON, ADC #138956 V. PLAINTIFF 5:11CV00100 SWW/JTR CONNIE HUBBARD, LPN, Correctional Medical Services, Inc. DEFENDANT ORDER Defendant has filed a Second Motion for Summary Judgment, a Brief in Support, and a Statement of Undisputed Facts. See docket entries #89, #90, and #91. The Court concludes that a Response from Plaintiff is necessary. 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 his 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 Statement of Disputed Material Facts, which lists: (a) any disagreement he has with 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. the specifically numbered factual assertions contained in Defendant’s Statement of Undisputed Facts (docket entry #90); and (b) any other disputed facts that he believes must be resolved at a hearing or trial.2 Finally, Plaintiff is advised that if he intends to rely upon grievances or records that have been previously filed with the Court, he 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 shall file, within thirty days of the entry of the Order, a Response to Defendant’s Second 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. Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth in Defendant’s summary judgment 2 If Plaintiff disputes any of the facts set forth in Defendant’s 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. -2- 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 1st day of June, 2012. UNITED STATES MAGISTRATE JUDGE -3-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?