FREEMAN et al v. OLIN CORPORATION et al

Filing 96

SUMMARY JUDGMENT NOTICE re 77 Joint MOTION for Summary Judgment, 78 Memorandum in Support of Motion, and 79 Statement of Facts filed by Defendants - Plaintiffs must file a response. Court will take Motion for Summary Judgment under advisement after response filed. (Internal deadline for referral to judge if response not filed earlier: 1/28/2013). Signed by MAGISTRATE JUDGE GARY R JONES on 1/8/2013. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
NORMAN FREEMAN and CHRISTY
FREEMAN,
Plaintiffs,
v.

CASE NO. 5:12-cv-00006-MW-GRJ

OLIN CORPORATION, et al.,
Defendants.
_____________________________/
SUMMARY JUDGMENT NOTICE
On December 6, 2012 Defendants filed their Joint Motion for Summary
Judgment (Doc. 77), Memorandum of Law in Support of Their Joint Motion For
Summary Judgment (Doc. 78) and Defendants’ Statement of Uncontroverted Material
Facts In Support of Their Joint Motion For Summary Judgment. (Doc. 79.) Pursuant to
N.D. Fla. Loc. R. 7.1(C) Plaintiff had 14 days in which to file and serve a responsive
memorandum with citation of authorities in opposition to the motion. Further, pursuant
to N.D. Fla. Loc. R. 56.1, Plaintiffs are required to file a statement of the material facts
as to which it is contended that there exists a genuine issue to be tried. Motions for
summary judgment are taken under advisement not later than 21 days after the motion
has been filed. The docket reflects that Plaintiffs have not filed a responsive
memorandum, a statement of controverted facts or any evidentiary materials in
opposition to the motion and the time for doing so has passed.
Because Plaintiffs are proceeding pro se, they are advised of the following with

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respect to the motions. The Court will decide the motion on the basis of the motion, the
response, and any evidentiary materials filed by the parties. If the Court grants
Defendants’ motion for summary judgment, such decision would be a final decision of
the Court in favor of Defendants. As a result of such final decision, there would be no
trial or other proceedings in this case, and the Plaintiffs would likely be precluded from
later litigating this matter or any related matters. Therefore, the Plaintiffs are further
advised: (1) failing to respond to the Defendants’ summary judgment motion will
indicate that the motion is not opposed; (2) all material facts asserted in the motion will
be considered admitted unless controverted by proper evidentiary materials (counteraffidavits, depositions, exhibits, etc.); and (3) Plaintiffs may not rely solely on the
allegations of the issue pleadings (e.g., complaint, answer, etc.) in opposing the
summary judgment motion. See Griffith v. Wainwright, 772 F.2d 822,825 (11th Cir.
1985).
Due to Plaintiffs’ pro se status the Court will provide Plaintiffs with an additional
20 days to respond to the motion for summary judgment. Plaintiffs must file their
response in opposition to the motion for summary judgment, any statement of
controverted material facts and any evidentiary materials in opposition to the motion for
summary judgment no later than January 28, 2013. The Court will take the motion for
summary judgment under advisement after that date.
Accordingly, it is ORDERED:
Plaintiffs must file their response in opposition to Defendants’ motions for
summary judgment, Docs. 77, 78 and 79 on or before January 28, 2013. The
Case No: 5:12-cv-0006-MW-GRJ

Court will take the motion for summary judgment under advisement after that
date.
DONE AND ORDERED this 8th day of January 2013.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 5:12-cv-0006-MW-GRJ