Lout v. Jovanovich et al

Filing 67

ORDER denying 66 Motion to Waive L.R. Signed by Magistrate Judge John Johnston on 10/5/2016. Mailed to Lout. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
JEFFERY J. LOUT,

CV 15-00055-H-DLC-JTJ

Plaintiff,
vs.

ORDER

ROXANNE TUSS, et al.,
Defendants.
Plaintiff Jeffery Lout, a prisoner proceeding in forma pauperis and without
counsel, has filed a Motion to Waive Local Rule 7.1(c). (Doc. 66.) This is Mr.
Lout’s second request to waive Local Rule 7.1. See Doc. 34. On May 27, 2016,
the Court specifically denied this request and indicated that “[t]he parties must
comply with Local Rule 7.1 prior to filing any motion or the motion will be subject
to summary denial.” (Doc. 40 at 10.)
Despite this ruling Mr. Lout again requests that the Court waive the
requirement that when filing a motion, “[t]he text of the motion must state that
other parties have been contacted and state whether any party objects to the
motion.” L.R. 7.1(c). Mr. Lout contends that because he is incarcerated he does
not have access to a telephone and counsel for Defendants refuses to answer his
correspondence. Whether or not counsel respond to Mr. Lout’s correspondence,
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does not excuse this requirement. Mr. Lout is still required to write counsel and
ask whether they object to any motion he intends to file. If counsel does not
respond within a week of mailing the letter, Mr. Lout may file his motion. The
Court will not order the prison to allow Mr. Lout to use the phone for this purpose
and it will not waive this requirement.
Should Mr. Lout continue to file motions on issues which have already been
addressed by the Court without complying with Local Rule 7.3 regarding motions
for reconsideration, the Court will consider sanctions.
Accordingly, IT IS HEREBY ORDERED that Mr. Lout’s Motion to Waive
Local Rule 7.1(c) (Doc. 66) is DENIED.
DATED this 5th day of October 2016.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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