Old-Horn v. Doyal et al

Filing 30

ORDER denying without prejudice 23 , 25 , 27 Motions for Summary Judgment. Motions deadline in this matter is extended to June 30, 2017. Signed by Magistrate Judge Jeremiah C. Lynch on 5/8/2017. Mailed to Old-Horn. (TAG) Modified on 5/10/2017: mailed to Old-Horn at address given in 31 (TAG).

FILED
IN THE UNITED STATES DISTRICT COURT MAY 0 8 2017
FOR THE DISTRICT OF MONTANA
ctert<. u.s. District court
MIS SOULA DIVISION
District Of Montana
Missoula
CV 16-00099-M-DLC-JCL

CLIFFORD D. OLD-HORN,
Plaintiff,

ORDER
vs.
DETECTIVE MIKE SARGEANT,
DETECTIVE JAY DOYLE, and COUNTY
ATTORNEY MITCH YOUNG,
Defendants.

Before the Court is Defendants' Motions for Summary Judgment. (Docs.
23, 25, 27.) The motions will be denied without prejudice and subject to renewal
for failure to comply with the Court's Local Rules.
First, Defendants failed to comply with Local Rule 7 .1 (d)(2) which requires
briefs to include a certificate of compliance. No certificate of compliance was
filed.
More importantly, however, Defendants failed to comply with Local Rules
12.3 and 56.2 which require a defendant to file and serve a "Notice and Warning
to Plaintiff' simultaneously with motions for summary judgment. Local Rule
56.2(b) specifically provides that a "[fJailure to provide the above Notice and

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W aming will result in denial of the motion for summary judgment, regardless of
whether the motion is fully briefed."
ACCORDINGLY, IT IS HEREBY ORDERED that Defendants' Motions
for Summary Judgment (Docs. 23, 25, 27) are DENIED WITHOUT PREWDICE
AND SUBJECT TO RENEWAL upon compliance with Local Rule 7.l(d)(2), 12.3
and 56.2.
In light of the Court's Order dated May 3, 2017 (Doc. 22) giving
Defendants 30 days to take the deposition of Mr. Old Hom, the motions deadline
in this matter is extended to June 30, 2017.
DATED this 8th day of May, 2017.

e emiah C. Lynch
nited States Magistrate Judge

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