Brady v. Somersworth School District, School Board et al

Filing 20

ORDER denying 12 Notice of Motion. So Ordered by Judge Joseph A. DiClerico, Jr.(gla)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Lisa Marie Brady
v.

Civil No. 16-cv-069-JD

Somersworth School District,
School Board, et al.
O R D E R
Lisa Marie Brady, proceeding pro se, brings federal and
state claims against the School Board of the Somersworth School
District; Jeni Mosca, the Superintendent of Schools; Pamela
MacDonald, the Special Education Director [together “the
Somersworth defendants”]; and Jeanne Kincaid, counsel for the
school district, arising from the termination of Brady’s
employment.

Brady has filed a “Notice of Motion” in which she

states that she “will bring a motion for an order denying
Defendants the opportunity to claim that the Plaintiff was in
violation of NH RSA 141-H:2 . . . .”1

The Somersworth

defendants filed a response.

Brady is directed to review Local Rule 5.1(c) requiring
proper identification of filings, Federal Rule of Civil
Procedure 5(d)(1) and Local Rule 5.1(c) requiring a certificate
of service, Local Rule 7.1(a) pertaining to the form of motions,
and Local Rule 7.1(c) requiring a certification about
concurrence. Failure to follow the applicable rules may result
in sanctions, including having a nonconforming filing struck
from the docket.
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As the Somersworth defendants contend, Brady’s motion does
not appear to seek relief from the court but instead appears to
forecast that she will bring a motion for relief in the future.
As such, the motion does not raise an issue that can be resolved
by the court.

Further, as the Somersworth defendants also

contend, to the extent the motion raises an evidentiary issue
about Brady’s conduct implicating RSA 141-H:2, that matter
cannot be addressed without the evidentiary and substantive
context.

Conclusion
For the foregoing reasons, the plaintiff’s “Notice of
Motion” (document no. 12) is denied.
SO ORDERED.

__________________________
Joseph DiClerico, Jr.
United States District Judge
June 6, 2016
cc:

Demetrio F. Aspiras, III, Esq.
Lisa Marie Brady, pro se
Brian J.S. Cullen, Esq.
Melissa A. Hewey, Esq.

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