Graybar Electric Company, Inc. v. Team Construction, LLC et al

Filing 47

ORDER dismissing without prejudice 37 Motion for Summary Judgment; denying as moot 44 Motion for Leave to File. Both parties shall have until October 3, 2016, to file or re-file any motion for summary judgment in conformity with Local Civil Ru1e 56.1 (a). Responses and replies will conform with theFederal Ru1es of Civil Procedure and the local ru1es, including deadlines for responses and replies. Signed by Chief Judge James C. Dever III on 9/20/2016. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-806-D
THE UNITED STATES OF AMERICA,
for the use of ORAYBAR ELECTRIC
COMPANY, INC.,
Plaintiff,

v.

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TEAM CONSTRUCTION, LLC,
JARROD CLINE, individually and d/b/a
CLINE ELECTRIC, and WESTERN
SURETY COMPANY,
Defendants.

ORDER

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On January 29,2016, Team Construction, LLC ("Team Construction") and Western Surety
Company ("Western") filed a motion for partial summary judgment and summary judgment against
Jarrod Cline ("Cline") [D.E. 37] and a memorandum in support [D.E. 3 8]. On June 2, 2016, Cline
moved for leave to file a response to Team Construction and Western's motion [D.E. 44].
Effective December 1, 2015, the Eastern District of North Carolina amended Local Civil
Rule 56.1. Standing Order 15-S0-3 (E.D.N.C. Nov. 5, 2015). In relevant part, that rule now
requires that "[a]ny motion for summary judgment pursuant to Federal Rule of Civil Procedure 56
... be supported by a separate statement, in numbered paragraphs, of the material facts as to which
the moving party contends there is no genuine dispute." Local Civil Rule 56.1(a)(1). When
opposing a motion for summary judgment, the nonmovant must provide the court With a "separate
statement including a response to each numbered paragraph in the moving party's statement, in
correspondingly numbered paragraphs, and if necessary, additional paragraphs containing a
statement of additional material facts as to which the opposing party contends there is a genuine
dispute." Id. 56.1(a)(2). "Each numbered paragraph in the moving party's statement of material

facts will be deemed admitted for purposes of the motion unless it is specifically controverted by a
correspondingly numbered paragraph in the opposing statement." Id.
Team Construction and Western's motion failed to conform with Local Civil Ru1e 56.1. The
court dismisses without prejudice Team Construction and Western's pending motion for summary
judgment. Both parties shall have until October 3, 2016, to file or refile any motion for summary
judgment in conformity with Local Civil Ru1e 56.1 (a). Responses and replies will conform with the
Federal Ru1es of Civil Procedure and the local ru1es, including deadlines for responses and replies.
In sum, the court DISMISSES WITHOUT PREJUDICE Team Construction and Western's

motion for partial summary judgment and summary judgment [D.E. 37]. Additionally, the court
DENIES AS MOOT Cline's motion for leave to file [D.E. 44].
SO ORDERED. This LO day of September 2016.

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