Bader v. Sossomon

Filing 27

ORDER that the Defendant may respond in accordance with Federal Rule of Civil Procedure 56(e)(2) on or before June 18, 2010 re 14 MOTION for Partial Summary Judgment. Signed by District Judge Martin Reidinger on June 3, 2010. (jhg)

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION C IV IL CASE NO. 2:09cv49

G R E G O R Y BADER, P l a i n t if f , vs . C R E IG H TO N W. SOSSOMON, D e fen d a n t. )

) ) ) ) ) ) ) ) )

ORDER

TH IS MATTER is before the Court on the Plaintiff's Motion for Partial S u m m a ry Judgment [Doc. 14]. The Defendant, who is an attorney, appears in this matter in a pro se s ta tu s . Out of an abundance of caution, the Court will provide the notice d ic ta te d by the United States Fourth Circuit Court of Appeals in Roseboro v. G a rris o n , 528 F.2d 309 (4 th Cir. 1975). T h e Defendant is cautioned that he carries a heavy burden in re s p o n d in g to a motion for summary judgment. Rule 56(e) of the Federal R u le s of Civil Procedure provides: W h e n a motion for summary judgment is properly made and s u p p o rte d , an opposing party may not rely merely on allegations

or denials in its own pleading; rather, its response must­by a ffid a vits or as otherwise provided in this rule--set out specific fa c ts showing a genuine issue for trial. If the opposing party does n o t so respond, summary judgment should, if appropriate, be e n te re d against that party. F e d .R .C iv .P . 56(e)(2). T h is language means that if the Defendant has any evidence to offer to show th a t there is a genuine issue for trial, he must now present it to the Court in a fo rm which would otherwise be admissible at trial; that is, in the form of a ffid a vits or unsworn declarations. An affidavit is a written statement made u n d e r oath; in other words, a statement prepared in writing and sworn before a notary public. An unsworn statement, made and signed under the penalty o f perjury, may also be submitted. A ffid a vits or statements must be presented, if at all, by the Defendant to this Court on or before June 18, 2010. As stated in Rule 56(e)(2), the D e fe n d a n t's failure to respond may result in the entry of partial summary ju d g m e n t in favor of the Plaintiff.

IT IS, THEREFORE, ORDERED that the Defendant may respond in a c c o rd a n c e with Federal Rule of Civil Procedure 56(e)(2) on or before June 1 8 , 2010.
Signed: June 3, 2010