Stewart v. Cain et al
Filing
55
RULING denying 52 MOTION for Leave to File Motion for Summary Judgment and denying 54 Motion for Leave to File Unredacted Exhibits Under Seal. Signed by Magistrate Judge Stephen C. Riedlinger on 3/26/2013. (JDL)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
CHARLES STEWART (#111347)
VERSUS
CIVIL ACTION
BURL CAIN,
ET AL
NUMBER 11-403-JJB-SCR
RULING ON MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT
and
RULING ON MOTION FOR LEAVE TO FILE UNREDACTED EXHIBITS
Before the court is the Motion for Leave to File Motion for
Summary Judgment filed by the only remaining defendant, Msgt.
Raymond Laurent. Record document number 52. Also before the court
is the defendant’s Motion for Leave to File Unredacted Exhibits
Under Seal.
Record document number 54.
Defendant’s Motion for Leave to File Motion for Summary
Judgment is denied for the following reasons. First, the defendant
has not shown that the information he seeks to use to support his
proposed summary judgment motion is newly discovered.
Rather, it
is information which has always been available to the defendant he simply failed to offer it in support of the previous motion for
summary judgment.
Second, the new arguments and explanations of
previously offered summary judgment evidence could have, and should
have, been made when the earlier summary judgment motion was still
pending.
Third, and more importantly, for the defendant to obtain
summary judgment the court would still have to make credibility
assessments and weigh the evidence in the defendant’s favor, rather
than view all of the summary judgment evidence in the light most
favorable to the plaintiff.
As was explained to the defendant in
the previous Magistrate Judge’s Report, “when ruling on a motion
for summary judgment, the court cannot rely on assessments of the
credibility of the witnesses.”1
Defendant also moved for leave to file under seal un-redacted
exhibits in support of his proposed summary judgment motion. Since
the defendant’s Motion for Leave to File Motion for Summary
Judgment is denied, there is no need to file un-redacted versions
of the exhibits in the record.2
Accordingly, the defendant’s Motion for Leave to File Motion
for Summary Judgment is denied, and the defendant’s Motion for
Leave to File Unredacted Exhibits Under Seal is also denied.
Baton Rouge, Louisiana, March 26, 2013.
STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE
1
2
Record document number 46, Magistrate Judge’s Report, p. 9.
For the purpose of the district judge considering the unredacted versions of the exhibits if the defendant timely seeks
review of this ruling, those exhibits will remain in the record as
Exhibits B, C, D, G and H to the Motion for Leave to File
Unredacted Exhibits Under Seal.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?