Smith v. Wackenhut Corporation

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/09 ORDERING that the Hearing on defendant's amended motion to dismiss remains on calendar for 9/30/09, at 10:00 a.m., in Courtroom No. 25; and, Plaintiff's 9/9/09, motion for summary judgment is denied without prejudice. (Becknal, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. WACKENHUT CORPORATION, Defendant. / ORDER MARVIN SMITH, Plaintiff, No. CIV S-09-982 GEB EFB PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff is proceeding pro se in this action, which was referred to the undersigned pursuant to Eastern District of California Local Rule ("Local Rule") 72-302(c)(21). See 28 U.S.C. § 636(b)(1). A hearing on defendant's amended motion to dismiss is scheduled in this action for September 30, 2009. See Dckt. Nos. 19, 24. On September 9, 2009, along with his opposition to defendant's motion to dismiss, plaintiff filed a motion for summary judgment. Dckt. No. 25. However, because the summary judgment motion does not comply with the requirements set forth in Local Rules 78-230(b) and 56-260(a), it is denied without prejudice. See E.D. Cal. L.R. 78-230(b) ("The moving party shall file with the Clerk a notice of motion, motion, accompanying briefs, affidavits, if appropriate, and copies of all documentary evidence that the moving party intends to submit in support of the motion."); 56-260(a) ("Each motion for summary judgment or summary adjudication shall be accompanied by a `Statement of 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Undisputed Facts' that shall enumerate discretely each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission or other document relied upon to establish that fact."). Accordingly, it is hereby ORDERED that: 1. Hearing on defendant's amended motion to dismiss remains on calendar for September 30, 2009, at 10:00 a.m., in Courtroom No. 25; and, 2. Plaintiff's September 9, 2009, motion for summary judgment is denied without prejudice. DATED: September 11, 2009.

2