Chafin v. Stasi et al

Filing 98

MINUTE ORDER Plaintiffs Motion for Summary Judgment ECF No. 95 and Statement of Material Facts ECF No. 96 , filed erroneously in CM/ECF as a motion for summary judgment) are STRICKEN with leave to refile. Per Section III.B of my Practice Standards, the Movants Statement of Material Facts must be included in the summary judgment motion. It may not be filed in a separate document. Plaintiffs Unopposed Motion for Leave to File Motion for Summary Judgment of Up to 20 Pages ECF No. 94 is GRANTED, by Judge Wiley Y. Daniel on 9/3/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02661-WYD-MEH
DANIELE CHAFIN,
Plaintiff,
v.
NICHOLAS STASI;
KELLI JAYCOX;
MICHAEL KELLY, and
THE CITY OF DURANGO,
Defendants.

MINUTE ORDER
ORDER ENTERED BY SENIOR JUDGE WILEY Y. DANIEL
Plaintiff’s Motion for Summary Judgment (ECF No. 95) and Statement of Material
Facts (ECF No. 96, filed erroneously in CM/ECF as a motion for summary judgment)
are STRICKEN with leave to refile. Per Section III.B of my Practice Standards, the
Movant’s Statement of Material Facts must be included in the summary judgment
motion. It may not be filed in a separate document.
Also, Plaintiff’s Statement of Material Facts does not comply with my Practice
Standards. Instead of stating facts that Plaintiff believes supports its motion, with a
specific reference to material in the record that establishes that fact (Practice
Standards, Section III.B.3), Plaintiff’s Statement appears to be a response to certain
facts stated by Defendants in their motion for summary judgment. That is not
appropriate, as those facts would need to be admitted or denied in Plaintiffs’ response
to the summary judgment motion, as discussed in Section III.B.4 of my Practice
Standards.
Finally, Plaintiff’s Unopposed Motion for Leave to File Motion for Summary
Judgment of Up to 20 Pages (ECF No. 94) is GRANTED. When Plaintiff refiles the
motion for summary judgment, it may be up to 20 pages in length, excluding the
Statement of Material Facts.
Dated: September 3, 2014