Rapp v. Hampton Inns Management LLC
Filing
49
ORDER denying 36 Motion to Compel; denying 43 Motion for Summary Judgment; adopting Findings and Recommendations re 48 Findings and Recommendations. Signed by Judge Brian Morris on 10/29/2018. (APP) Copy to Rapp
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
JEFFREY S. RAPP,
Plaintiff,
CV 18-16-BU-BMM
vs.
HAMPTON MANAGEMENT LLC,
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS
Defendants.
Pro se Plaintiff Jeffrey Rapp filed the following motions: (1) “Motion to
Compell One Awnser Supplimental Motion for Summary Judgment” (doc. 36); (2)
“Motion for Summary Judgment” (doc. 43); and (3) “Motion to Compell Authors
of Slander to Participate in Joint Depositions” (doc. 44.) Because they are
procedurally and substantively flawed, Plaintiff’s motions are properly denied.
United States Magistrate Judge Jeremiah Lynch issued Findings and
Recommendations in this matter on October 16, 2018. (Doc. 48.) Judge Lynch
determined that after construing Rapp’s pleadings liberally, and giving him the
benefit of any doubt, Rapp had not satisfied the requirements to obtain summary
judgment. Id. at 4. Judge Lynch reasoned that Rapp had not supported either
summary judgment motion with evidentiary materials, citations to the record, or
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identify facts on which his motions are premised. Id. Accordingly, Judge Lynch
recommended Rapp’s motions for summary judgment (docs. 36 and 43) be denied.
Further, Judge Lynch determined that Rapp failed to meet and confer with defense
counsel regarding the subject matter of his motions to compel. Id. at 6. Thus,
Rapp’s motions to compel failed to satisfy the meet and confer requirements of the
federal and local rules governing discovery. Id. There is also no indication that
Rapp issued a proper discovery request. Id. For these reasons, Judge Lynch denied
Rapp’s motions to compel (docs. 36 and 44.)
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings
and Recommendations, and adopts them in full.
IT IS ORDERED that Judge Lynch’s Findings and Recommendations
(Doc. 48), are ADOPTED IN FULL.
DATED this 29th day of October, 2018.
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