DICKSON v. SCI GREENSBURG et al

Filing 70

ORDER granting 51 Defendants' Motion to Strike ECF No. 46 -Plaintiff's Concise Statement of Material Facts. Plaintiff is ORDERED to file an Amended Concise Statement of Material Facts by August 30, 2011 that complies with Local Civil Rule 56(b). Failure to do so will result in Plaintiff's Motion for Partial Summary Judgment being denied. Signed by Judge Maureen P. Kelly on 8-9-2011. A copy of the order is being sent to Plaintiff's address of record. (tmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CHAD B. DICKSON,
Plaintiff,
v.
SCI-GREENSBURG; SGT. NELSON;
C.O. PETERSON; and
SUPERINTENDENT WAKEFIELD
Defendants.

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Case No. 08-cv-1102
Magistrate Judge Maureen P. Kelly

Re Dkt. [51]

MEMORANDUM ORDER
Chad B. Dickson, (APlaintiff@), has filed a Motion for Partial Summary Judgment, ECF No.
[43], a Declaration in Support, ECF No. [44], a Brief in Support, ECF No. [45], a Concise
Statement of Material Facts (“Concise Statement”), ECF No. [46], and a “Pretrial Statement.” ECF
No. [47]. Defendants have filed a Motion to Strike Plaintiff’s Concise Statement, ECF No. [51],
due to Plaintiff’s failure to comply with Local Civil Rule 56(B), a copy of which is appended to
this Order. Plaintiff filed a Response in Opposition to the Motion to Strike, ECF No. [53],
wherein he attached documentary exhibits and attempted to provide an Appendix for those
exhibits. Defendants filed a Reply, ECF No. [59], noting that Plaintiff’s attempt to cure his
failure to comply with Local Civil Rule 56(B) failed. We agree.
Plaintiff’s Concise Statement failed to comply with Local Civil Rule 59(B), in that he
failed to cite to a specific portion of the record to show that his statement of fact finds support and
he failed to include an appendix of the exhibits to which he should have cited. Plaintiff’s failure
to comply with Local Civil Rule 56(b) renders it exceedingly difficult, if not impossible, to
determine whether Plaintiff has established the lack of a genuine issue of material fact and also has

rendered it impossible for Defendants to file an adequate response. Accordingly, Defendants’
Motion to Strike is hereby GRANTED.

Plaintiff’s Concise Statement, ECF No. [46] is hereby

STRICKEN. Plaintiff is ORDERED to file an amended Concise Statement by August 30, 2011,
that complies with Local Civil Rule 56(B). If Plaintiff fails to comply with this order, his Motion
for Partial Summary Judgment will be denied for failure to comply with the Local Rules and for
failing to establish that there is no genuine issue of material fact for trial.

s/Maureen P. Kelly
Maureen P. Kelly
U.S. Magistrate Judge
Dated: August 9, 2011
cc:

Chad B. Dickson
FF-5942
SCI Retreat
660 State Route 11
Hunlock Creek, PA 18621
Counsel of Record via ECF

ATTACHMENT

Local Rules of Court
Western District of Pennsylvania

December 1, 2009

B. Motion Requirements. The motion for summary judgment must set forth
succinctly, but without argument, the specific grounds upon which the judgment
is sought and must be accompanied by the following:
1. A Concise Statement of Material Facts. A separately filed concise
statement setting forth the facts essential for the Court to decide the
motion for summary judgment, which the moving party contends are
undisputed and material, including any facts which for purposes of the
summary judgment motion only are assumed to be true. The facts set
forth in any party's Concise Statement shall be stated in separately
numbered paragraphs. A party must cite to a particular pleading,
deposition, answer to interrogatory, admission on file or other part of the
record supporting the party's statement, acceptance, or denial of the
material fact;
2. Memorandum in Support. The supporting memorandum must
address applicable law and explain why there are no genuine issues of
material fact to be tried and why the moving party is entitled to judgment
as a matter of law; and
3. Appendix. Documents referenced in the Concise Statement shall be
included in an appendix. Such documents need not be filed in their
entirety. Instead, the filing party may extract and highlight the relevant
portions of each referenced document. Photocopies of extracted pages,
with appropriate identification and highlighting, will be adequate.