HIGGS v. MYERS et al

Filing 246

MEMORANDUM and ORDER denying 244 Defendant's Motion for Summary Judgment without prejudice for failure to comply with Local Civil Rule 56.1(a). Defendants may file one final renewed motion for summary judgment within thirty (30) days of this order. Signed by Judge Brian R. Martinotti on 6/8/2023. (dam)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
DONALD HIGGS,
Plaintiff,
v.
MICHAEL MYERS, et al.,
Defendants.

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Civil No. 15-2900 (BRM)(JSA)
MEMORANDUM and ORDER

Before the Court is the second motion for summary judgment filed by Defendants Michael
Myers and Mark Green (“Defendants”), seeking judgment in their favor on Plaintiff Donald
Higgs’s (“Plaintiff”) Section 1983 and New Jersey Civil Rights claims against them. (ECF No.
244.)
On June 6, 2023, this Court denied without prejudice Defendants’ first motion for summary
judgment, explaining the Defendants failed to comply with Local Civil Rule 56.1(a). (ECF No.
243.) On June 7, 2023, Defendants filed a second motion for summary judgment that is identical
to their first motion, except that Defendants have numbered the statement of facts within their brief
in support of summary judgment and added one fact to their second motion. (See ECF No. 244 at
7.) Defendants’ second motion for summary judgment again fails to comply with New Jersey Local
Civil Rule 56.1(a) for the same reasons stated in this Court’s June 6, 2023 Order. (See ECF No.
243.)
If Defendants choose to file a renewed motion for summary judgment, any motion must
include a separate statement of material facts and that statement must include any specific material
facts that Defendants assert are undisputed, and that Defendants rely upon in support of their
motion for summary judgment. The Court notifies Defendants it is their obligation at the summary

judgment stage to provide facts to the Court. An indication that the Defendants’ investigation
report or interrogatory answers are attached as exhibits to Defendants’ brief will not be considered
by the Court as an undisputed fact. The Court will not search the exhibits to find undisputed facts
to support Defendants’ motion. Defendants are advised to review Federal Rule of Civil Procedure
56(c)(1)(A) and New Jersey Local Civil Rule 56.1(a) before submitting a renewed motion for
summary judgment. Accordingly,
IT IS on this 8th day of June 2023,
ORDERED Defendants’ motion for summary judgment (ECF No. 244) is DENIED
without prejudice for failure to comply with New Jersey Local Civil Rule 56.1(a); and it is further
ORDERED that Defendants may file one final renewed motion for summary judgment
within thirty (30) days of the date of this order that cures the above noted deficiencies; and it is
further
ORDERED that the Clerk of the Court shall serve a copy of this Order on Petitioner by
regular mail and upon Defendants electronically.

/s/Brian R. Martinotti
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE

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