ARMSTRONG v. WETZEL et al

Filing 53

ORDER re 49 Motion for Summary Judgment. Plaintiff shall be allowed until December 9, 2014, to file his response in opposition to Defendants' Motion for Summary Judgment. Signed by Magistrate Judge Lisa Pupo Lenihan on November 10, 2014. (kcc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KAREEM ARMSTRONG,
Plaintiff,
v.
JOHN E. WETZEL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Civil Action No. 13 – 1300
Chief Magistrate Judge Lisa Pupo Lenihan

ORDER
Upon the filing of Defendants’ Motion for Summary Judgment (ECF No. 49), Brief in
Support thereof (ECF No. 50), Concise Statement of Material Facts (ECF No. 51) and Appendix
thereto (ECF No. 52),
IT IS HEREBY ORDERED that Plaintiff shall be allowed until December 9, 2014, to
file his response in opposition to Defendants’ Motion for Summary Judgment.
IT IS FURTHER ORDERED that no extensions will be granted without just cause.
IT IS FURTHER ORDERED that Plaintiff is advised that his response to the motion
may include opposing or counter-affidavits (executed by Plaintiff or other persons) which have
either been sworn to under oath (notarized) or include at the end of the document, immediately
before the plaintiff’s signature, the following in accordance with 28 U.S.C. § 1746: “I declare
under penalty of perjury that the foregoing is true and correct. Executed this
______, 20

.”

1

day of

IT IS FURTHER ORDERED that all affidavits, opposing or counter-affidavits must be
based upon the personal knowledge of the person executing the affidavit; that no affidavit,
amended complaint, pretrial narrative or other document containing Plaintiff's allegations will be
considered when determining the motion for summary judgment unless it has been notarized
before a notary public or unless it contains a declaration under penalty of perjury as set forth
above; that Plaintiff may attach to his affidavits copies of any depositions, answers to
interrogatories, institutional records or other documents he wishes this court to consider when
addressing the summary judgment motion; and that the motion for summary judgment will be
evaluated under the procedure standard set forth in Rule 56 of the Federal Rules of Civil
Procedure; and that failure to respond may result in entry of judgment against him.
IT IS FURTHER ORDERED that Plaintiff shall serve on counsel for Defendants a
copy of each pleading or other document submitted for consideration by the court and shall
include with each document filed a certificate stating the date a true and correct copy of the
pleading or document was mailed to each attorney. Any pleading or other document received by
a district judge or magistrate judge which has not been filed with the Clerk or which fails to
include a certificate of service shall be returned to the plaintiffs by the Clerk.
IT IS FURTHER ORDERED that the Plaintiff shall comply with Local Rule 56.C by
filing his brief in response, concise counter statement of facts and any appendix, as described
below:
C. Opposition Requirements. Within 30 days of service of the motion for
summary judgment, the opposing party shall file:
1. A Responsive Concise Statement: A separately filed concise
statement, which responds to each numbered paragraph in the
moving party's Concise Statement of Material Facts by:
2

(a) admitting or denying whether each fact
contained in the moving party's Concise Statement
of Material Facts is undisputed and/or material;
(b) setting forth the basis for the denial if any fact
contained in the moving party's Concise Statement
of Material Facts is not admitted in its entirety (as to
whether it is undisputed or material), with
appropriate reference to the record (See LCvR
56.B.11 for instructions regarding format and
annotation); and
(c) setting forth in separately numbered paragraphs
any other material facts that are allegedly at issue,
and/or that the opposing party asserts are necessary
for the court to determine the motion for summary
judgment;
2. Memorandum in Opposition: The memorandum of law in
opposition to the motion for summary judgment must address
applicable law and explain why there are genuine issues of
material fact to be tried and/or why the moving party is not entitled
to judgment as a matter of law; and
3. Appendix: Documents referenced in the Responsive Concise
Statement shall be included in an appendix. (See LCVR 56.B.32
for instructions regarding the appendix).
IT IS FURTHER ORDERED that, pursuant to Local Rule 56.E, alleged material facts
set forth in the moving party’s Concise Statement of Material Facts or in the opposing party’s
Responsive Concise Statement, which are claimed to be undisputed, will for the purpose of

1. The pertinent portion of LCVR 56.B.1 reads: “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. LCVR 56.B.3 reads as follows:
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.
3

deciding the motion for summary judgment be deemed admitted unless specifically denied
or otherwise controverted by a separate concise statement of the opposing party. See Enigh
v. Miller, Civil No. 08-1726, 2010 WL 2926213 (W.D. Pa. July 23, 2010) (collecting cases).
IT IS FURTHER ORDERED that should Plaintiff fail to comply with this order, the
motion will be decided without the benefit of Plaintiff’s response and the Court will consider
dismissal of this action for failure to prosecute.
Dated: December 10, 2014

/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge

cc:

Kareem Armstrong
FC-1437
SCI Smithfield
1120 Pike Street
Huntingdon, PA 16652
Via First Class Mail

4