Strizic v. NorthWestern Corporation et al

Filing 64

ORDER denying 46 Motion for Partial Summary Judgment; denying 48 Motion for Partial Summary Judgment Signed by Judge Sam E Haddon on 8/4/2017. (ELL)

FILED
AUG 0 4 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

DANIEL J. (DAN) STRIZIC,
Plaintiff,

No. CV 16-16-BU-SEH

vs.
ORDER

NORTHWESTERN CORPORATION,
d/b/a NORTHWESTERN ENERGY
COMPANY, and JOHN & JANE
DOES 1-7,
Defendants.
Defendant Northwestern Corporation d/b/a Northwestern Energy Company
("NWE") on June 27, 2017, moved for summary judgment of all claims by two
separate motions 1 and briefs 2 with one statement of undisputed facts. 3 Plaintiff
responded on July 18, 2017. 4

1

Doc. 46; Doc. 48.

2

Doc. 47; Doc. 49.

3

Doc. 50.

4

Doc. 55; Doc. 56.

L.R. 7.l(d)(2)(A) restricts briefs to 6,500 words. L.R. 7.l(d)(2)(D) specifies
that "[f]iling serial motions to avoid word limits may result in denial of all such
motions." NWE' s two briefs combined contain 11, 125 words.
L.R. 56.l(a)(2) requires a statement of undisputed facts to "pinpoint cite to a
specific pleading, deposition, answer to interrogatory, admission or affidavit
before the court to support each fact." NWE' s statement fails to appropriately
pinpoint cite facts, see, e.g., Doc. 50 Nos. 96-144, 182, 184-187, 191, 192,
194-201, and 203-205. Such citations fail to disclose the precise location at which
the information referenced is located in the record. Instead, each generically
references a 22-page document: "Aff. Brown ,-r1, Ex. E; Def.'s Expert Witness
Disclosure ill, Doc. 31." 5
L.R. 56.1 (b) also requires the party responding to a motion for summary
judgment to separately file a statement of disputed facts, which must "set forth
verbatim the moving party's Statement [of undisputed facts], adding only ...
whether each fact" is disputed or undisputed. Plaintiff neither filed a statement of
disputed facts nor responded to NWE' s statement of undisputed facts as required
by L.R. 56.l(b)(l). Two statements of undisputed facts as required by L.R.

5

E.g. Doc. 50 at 29, No. 96.
-2-

56.l(b)(2) were filed by Plaintiff. 6 However, those statements were attached to
Plaintiffs response briefs,7 not filed separately as required by L.R. 56.1 (b ).
The parties' failure or refusal to observe and comply with the filing
requirements of the rules of this district cannot and will not be overlooked or
excused or rewarded. See L.R. 1.1 (d). Further consideration of the motions is
neither necessary nor appropriate.
ORDERED:
NWE's motions for summary judgment8 are DENIED.
DATED this

J/4y

of August, 2017.

~1#~6-q
SAME. HADDON
United States District Judge

6

Doc. 55-1; Doc. 56-1.

7

Doc. 55; Doc. 56.

8

Doc. 46; Doc. 48.
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