Army v. Detroit, City of et al

Filing 22

ORDER to Strike 20 Response to Motion filed by Tyson Edward Army, 21 Exhibit filed by Tyson Edward Army and directing plaintiff to re-file the response by 5:00 pm on 4/26/2011. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TYSON EDWARD ARMY,
Plaintiff,
v.

Case No. 10-11225

CITY OF DETROIT and DALE COLLINS,
Defendants.
/
ORDER STRIKING PLAINTIFF’S RESPONSE AND EXHIBIT AND SETTING
DEADLINE FOR PLAINTIFF TO RE-FILE RESPONSE
On April 4, 2011, Plaintiff filed his response to Defendants’ motion for summary
judgment. The following day, he filed additional exhibits. These filings are in
contravention of the court’s July 9, 2010, scheduling order, and several of the court’s
local rules. For example, Plaintiff has not clearly labeled his exhibits, provided a
sufficient number of consecutive pages of certain transcripts he cites to provide context
for the court, or submitted a chambers copy to the court. (See 7/9/10 Order ¶ 7.) In
addition, his additional exhibit docket entry was improper. See E.D. Mich. LR ECF App.
R18(b). It also appears that while Plaintiff’s index of exhibits lists sixteen exhibits, only
thirteen separate exhibits are entered on the two docket entries. The court stresses the
importance of ensuring that all briefs clearly identify and properly cite to any exhibits,
especially on a motion for summary judgment. If an exhibit is not attached or not clearly
identifiable, the court will assume it is not part of the record before it on summary
judgment.

For these reasons, the response and exhibit docket entries will be stricken. The
court will give Plaintiff until April 26, 2011, at 5:00 p.m., to properly file the response and
to provide the court with a bound and tabbed response in accordance with the court’s
scheduling order. (See 7/9/10 Order ¶ 7(b)(i)-(ii).) Accordingly,
IT IS ORDERED that Plaintiff’s “Response to Motion for Summary Judgment”
[Dkt. # 20] and exhibit [Dkt. # 21] are STRICKEN. Plaintiff must re-file a compliant
response and deliver to the court a properly assembled chambers copy no later than
April 26, 2011, at 5:00 p.m.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: April 22, 2011
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, April 22, 2011, by electronic and/or ordinary mail.

s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\10-11225.ARMY.StrikeResponse.jmp.wpd

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