COLE v. ENCAPERA et al

Filing 170

MEMORANDUM ORDER STRIKING re 140 Brief in Opposition to Motion filed by JASON COLE, 142 Brief in Opposition to Motion filed by JASON COLE. Plaintiff's amended memoranda in opposition to Defendants' motions for summary judgment due by June 9, 2017 at 5:00 p.m., and as more fully set forth in the attached order. Signed by Magistrate Judge Cynthia Reed Eddy on 6/7/2017. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH
JASON COLE,
Plaintiff,
vs.
RICK ENCAPERA, TERRY CHILDS,
JUSTIN SHULTZ, CALIFORNIA
BOROUGH, CASEY DURDINES,
Defendants,

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2:15-CV-00104-CRE

MEMORANDUM ORDER
Plaintiff’s memoranda in opposition to Defendants’ motions for summary judgment [ECF
Nos. 140 and 142] fail to cite to any evidence of record contained in his responsive concise
statement of material facts or appendix and the memoranda are hereby STRICKEN from the
record. To the extent that Plaintiff includes any cite to the record, he does so by including
general citations such as “See photos. See Declarations.” Pl.’s Memo. in Op. to Defs.’ Mot. for
Summ. J. [ECF No. 140] at 16. Moreover, as pointed out by Defendant Shultz in his reply,
Plaintiff’s memorandum in opposition to Defendant Shultz’s motion for summary judgment fails
to include any citation to any material of record. Plaintiff’s failure to cite to the record and
inclusion of such general citations are not properly cited materials for purposes of Federal Rule
of Civil Procedure 56(c)(3). See also LCvR 56. The court cautions Plaintiff that district courts
“are not required to search through the record for evidence to support a party's assertion of the
existence of a genuine issue of material fact.” McCann v. Kennedy University Hosp., Inc., 596
Fed.Appx. 140, 145–46 (3d Cir. 2014) (citing American Family Life Assur. Co. of Columbus v.
Biles, 714 F.3d 887, 896 (5th Cir. 2013) (“Rule 56 does not impose upon the district court a duty

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to sift through the record in search of evidence to support a party's opposition to summary
judgment.”)).
Plaintiff shall submit amended memoranda in opposition to Defendants’ motions for
summary judgment by June 9, 2017 at 5:00 p.m. in which all factual averments made in the
memoranda are supported by citations to evidence of record contained in his forthcoming
responsive concise statement of material facts and appendix. See Order of 6/2/2017 [ECF No.
169]. Plaintiff shall make no substantive changes to his memoranda. Plaintiff’s failure to
support any factual averment by citation to the materials in the record will result in the court
disregarding the asserted factual averment and consider Defendants’ facts as undisputed. See
Fed. R. Civ. P. 56(e). Moreover, failure to submit amended memoranda in the provided time
will result in the court considering Defendants’ motions for summary judgment as unopposed.
No extensions of time will be permitted.

So ordered.

DATED this 7th day of June, 2017.
BY THE COURT:

s/Cynthia Reed Eddy
United States Magistrate Judge

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