Torrence et al v. Hines et al
Filing
53
ORDER for Response to Motion re: 47 MOTION for Summary Judgment filed by Picerne Development, Robins Landing LP, Sharon Heard. Ordered by Judge C. Ashley Royal on 10/31/2011. (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BESSIE TORRENCE, ROSHONNEE :
ORR, DE ORR, a Minor, DAE ORR, a :
Minor, DA ORR, a Minor,
:
STEPHANIE Y. JONES, Z JONES,
:
a Minor, N JONES, a Minor,
:
:
Plaintiffs,
:
v.
:
:
No. 5:10‐CV‐412 (CAR)
PICERNE DEVELOPMENT, ROBINS :
LANDING, LP, and SHARON HEARD :
:
Defendant.
:
___________________________________ :
ORDER TO RESPOND
Defendants Picerne Development, Robins Landing, LP, and Sharon Heard have
filed a Motion for Summary Judgment in this case. Plaintiffs have not filed a timely
response to the Motion. However, because Plaintiff is proceeding pro se, the Court finds
it necessary to advise him of his right to respond to the Motion and of the consequences
for failing to respond, and will grant Plaintiff additional time to file a response.
Rule 56(c) of the Federal Rules of Civil Procedure provides as follows:
The motion shall be served at least 10 days before the time fixed for the
hearing. The adverse party prior to the day of hearing may serve
opposing affidavits. The judgment sought shall be rendered forthwith if
the pleadings, depositions, answers to interrogatories, and admissions on
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file, together with the affidavits, if any, show that there is no genuine issue
as to any material fact and that the moving party is entitled to a judgment
as a matter of law. A summary judgment, interlocutory in character, may
be rendered on the issue of liability alone although there is a genuine issue
as to the amount of damages.
Fed. R. Civ. P. 56(c). In addition, the Court=s Local Rules provide as follows:
The papers opposing a motion for summary judgment shall include a
separate, short and concise statement of the material facts as to which it is
contended that there exists a genuine issue of material fact to be tried,
including specific reference to those parts of the pleadings, depositions,
answers to interrogatories, admissions on file and affidavits which
support such contentions.
All material facts set forth in the statement served by the moving party
will be deemed to be admitted unless controverted by the statement
required to be served by the opposing party.
M.D. Ga. R. Civ. P. 56.
Under the procedures and policies of the Court, motions for summary judgment
are normally decided on the briefs; requests for a hearing are rarely granted. In
addition to the parties= briefs, the Court will consider the pleadings, depositions,
answers to interrogatories, admissions on file, and any affidavits submitted by the
parties in deciding whether summary judgment is appropriate under Rule 56.
Summary judgment may be granted only if there is no genuine issue as to any
material fact and if defendant is entitled to judgment as a matter of law. Fed. R. Civ. P.
56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). When reviewing a
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motion for summary judgment, the evidence and all justifiable inferences must be
viewed in the light most favorable to the [non‐moving party], but a court may not make
credibility determinations or weigh the evidence. See Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 255 (1986).
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The moving party Abears the initial responsibility of informing the district court
of the basis for its motion and identifying those portions of the pleadings, depositions,
answers to interrogatories, and admissions on file, together with the affidavits, if any,
which it believes demonstrate the absence of a genuine issue of material fact@ and that
entitle it to judgment as a matter of law. Celotex Corp., 477 U.S. at 323 (internal
quotation marks omitted). If the moving party discharges this burden, the burden
then shifts to the non‐moving party to go beyond the pleadings and present specific
evidence (in the form of pleadings, depositions, answers to interrogatories, admissions
on file, or affidavits) showing that there is a genuine issue of material fact or that
defendant is not entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(e); see
also Celotex Corp., 477 U.S. at 324‐26. This evidence must consist of more than mere
conclusory allegations or legal conclusions. See Avirgan v. Hull, 932 F.2d 1572, 1577
(11th Cir. 1991).
Plaintiff is specifically advised that he has the right to file affidavits or other
material in opposition to Defendant=s Motion. If Plaintiff fails to do so, a final
judgment may be entered against him if otherwise appropriate under Rule 56.
Plaintiff is further advised that failure to respond to the statements set forth in
Defendant=s affidavits or other sworn pleadings may result in those statements being
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accepted as true.
If Plaintiff chooses not to file a response, Defendant=s Motion will not
necessarily be granted; however, if Defendant meets its burden, and Plaintiff has not
responded by showing that summary judgment is inappropriate, the Court must grant
the Motion. If Defendant=s Motion is granted, judgment will be entered in Defendant=s
favor, and the case will be closed; there would be no trial or any other proceedings.
Accordingly, Plaintiff is advised that the safest course of action is to file a
response to Defendant=s Motion in accordance with Rule 56 of the Federal Rules of
Civil Procedure and the Court=s Local Rules, a copy of which may be obtained from
the Clerk=s Office in Macon, Georgia. If Plaintiff chooses to respond, the deadline for
him to file a response brief and any supporting affidavits or other material is
twenty‐one (21) days from the date of this Order. Defendant will then have fourteen
(14) days to file a reply brief. If Plaintiff fails to file a response brief within the given
time, the Court will take the Motion under advisement and render its decision.
SO ORDERED, this 31st day of October, 2011.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
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