American Compensation Insurance Company v. Ruiz et al

Filing 254

ORDER denying #245 Motion for Summary Judgment; STRIKING #246 ITEMIZATION OF FACTS. Signed by District Judge Debra M. Brown on 10/5/21. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
AMERICAN COMPENSATION
INSURANCE COMPANY

PLAINTIFF

V.

NO. 1:18-CV-213-DMB-DAS

HECTOR RUIZ d/b/a Los Primoz
Construction, et al.

DEFENDANTS
ORDER

On October 1, 2021, Jesco, Inc. filed a motion for summary judgment, Doc. #245, a
memorandum brief in support, Doc. #247, and an “Itemization of Material and Undisputed Facts
in Support of Jesco, Inc.’s Motion for Summary Judgment,” Doc. #246.
Neither the Local Rules of this Court nor the Federal Rules of Civil Procedure contemplate
or authorize the filing of a separate itemization of facts. Automation Design & Sols., Inc. v.
Yeliseyev, No. 3:08-cv-589, 2012 WL 12974010, at *4 (S.D. Miss. Feb. 29, 2012). Such filings
provide an avenue for circumventing the page limits imposed by the Local Rules. See Landrum v.
Conseco Life Ins. Co., No. 1:12-cv-5, 2013 WL 6019303, at *15 (S.D. Miss. Nov. 13, 2013)
(statement of facts in motion deemed attempt to circumvent page limits). Any statement of facts
should be incorporated in the memorandum brief submitted in support of the summary judgment
motion. Accordingly, the itemization of facts [246] is STRICKEN and the motion for summary
judgment [245] is DENIED without prejudice. Jesco may refile its motion for summary
judgment in accordance with the Court’s procedural rules within three (3) days of the entry of this
order. The refiled summary judgment motion and accompanying memorandum brief may not
include any new legal argument or basis for summary judgment.

SO ORDERED, this 5th day of October, 2021.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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