McPherson v. Tompkins Trust Company et al
ORDER that parties are to supplement their briefing, as to 8 motion, with all material pertinent to a motion for summary judgment. Defts shall supplement their brief and provide a Statement of Material Facts by 10/15/18. Pltf shall respond to Defts' supplemental brief and Statement of Material Facts within 14 days of the date of the Defts' filing. No reply brief will be permitted. Signed by Senior Judge Thomas J. McAvoy on 10/1/18. (Copy served via regular mail)(sfp, )
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
STANLEY WEST MCPHERSON,
TOMPKINS TRUST COMPANY, BRIAN A.
HOWARD, MYRIAH A. MARNELL, JESSE
TEDORA, and DEBORAH J. HOOVER,
Thomas J. McAvoy, Sr. U.S.D.J.
Defendants have filed a motion to dismiss in this action, which alleges that
Defendants violated Plaintiff’s rights under federal law when they failed to honor a
promissory note he wrote to Defendant Tompkins Trust Company. See dkt. # 8. In
moving to dismiss, Defendants have presented matters outside the pleadings. The Court
has determined to consider those matters and hereby informs the parties that the Court will
treat the motion as one or summary judgment pursuant to Rule 56. See Fed. R. Civ. P.
The Court therefore orders the parties to supplement their briefing will all material
pertinent to a motion for summary judgment. Defendants shall supplement their brief and
provide a Statement of Material Facts as required by Local Rule 7.1(a)(3) within fourteen
(14) days of the date of this Order. Plaintiff shall respond to Defendants’ supplemental
brief and Statement of Material Facts within fourteen (14) days of the date of the
Defendants’ filing. No reply brief will be permitted. Plaintiff is reminded that “[t]he Court
shall deem admitted any properly supported facts set forth in the Statement of Material
Facts that the opposing party does not specifically controvert.” L.R. 7.1(a)(3)(emphasis in
original). Plaintiff is also reminded that a failure to respond to the motion may result in the
Court concluding that he concedes the Defendants’ argument.
IT IS SO ORDERED
Dated: October 1, 2018
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