Alcocer v. Bulloch County Sheriff's Office et al

Filing 91

ORDER instructing Plaintiff that she has until Monday, September 4, 2017 at 5:00 p.m. to re-file her reply and sur-reply briefs with citations to the record supporting all factual assertions. Signed by Chief Judge J. Randal Hall on 08/30/2017. (thb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION JUDITH ALCOCER, * Plaintiff, * * v. * BULLOCH COUNTY SHERIFF'S * OFFICE et al., CV 615-94 * Defendants, ORDER Presently before Summary Judgment. reason for the Court (Doc. 57.) Plaintiff's is Defendants' Motion for The key issue in dispute is the extended detention. Plaintiff claims that Defendants filed her bond but refused to post it — and thus refused her to release release. her — Defendants until after assert I.C.E. that removed Plaintiff a hold secured a on bond and released Plaintiff when the bond posted. In claim their of evidence time illegal motion, bond Defendants detention in the record that her second, reply posted or fails (1) (2) argue because Defendants Defendants that she Plaintiff's has cited no held her beyond the subjected her to a separate seizure on the basis of her immigration status. The Court agrees. Federal Rule of asserting that a Civil Procedure 56(c) fact cannot be or is states that "a party genuinely disputed must support the assertion by materials in the electronically . . . citing to particular parts of record, stored including information, stipulations . . . , admissions, materials." does not If have a party does to consider Additionally, Local material shall be All fact material facts Rule affidavits or declarations, not cite to Fed. states the R. that record, Civ. P. n[e]ach forth in the statement a court 56(c)(3). statement supported by a citation to set documents, interrogatory answers, or other it. 56 depositions, the of record. required to be served by the moving party will be deemed to be admitted unless controverted by Thus, party if a assertion of a statement does fact served provide at not the summary by the record judgment opposing party." citations stage, to she an risks conceding that assertion of fact. In her response brief, Plaintiff claims that "[her] Susana Hinojosa' obtained a bond for [her, but] [t]he Defendants placed the bond in a file and rather than releasing kept her without probable cause, erroneous the no has I.C.E. United record not whether hold, States without a warrant, in violation Constitution." citations established Defendants eligible for release. for a these genuine detained of the dispute her beyond based on an however, assertions. of [her] , they Fourth Amendment Plaintiff, critical sister, material the time of provides Thus, fact she as she to became Fortunately ignore her provide for Plaintiff, assertions citations of to fact the the Court does just because record. The Therefore, 4, 2017 at 5 p.m. citations to Plaintiff SHALL briefs are Plaintiff Rule 56, The have to she has failed to Court may "give an opportunity to properly support or address Civ. P. 56(e). not [a] fact." Plaintiff has until Monday, Fed. R. September to re-file her reply and sur-reply briefs with the record also supporting filed with the Court and appropriately labeled. If to follow all the materials assertions. her not that factual in chooses ensure all citation cited requirements of the Court will not consider her factual assertions. Rules of Federal Procedure and the Local Rules to help courts fairly and efficiently resolve disputes. summary judgment quickly locate stage, the record evidence citations supporting allow each the exists At the court side's to factual assertions and determine whether there is a genuine dispute of material all, fact. They also show respect for the Court. After MjJudges are not like pigs, hunting for truffles buried in briefs." U.S. v. Dunkel, 927 F.2d 955, 956 (7th Cir. ORDER ENTERED at Augusta, August, Georgia, this 5V 1991). day of 2017. RANDAL HALL, CHIEF .JUDGE 'UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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