BAUM v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY

Filing 101

ORDER granting in part pltf's motions to strike 92 & 98 to extent they seek to strike deft's stmts of mat'l facts as non-compliant w/ LR 56 & otherwise denying said motions; directing Clrk of Ct to strike docket entries 90 , 93 , 94 , 97 & 100 ; directing deft to refill its stmt of mat'l facts & appendix in supp thereof by 2/1/19 w/ further failure to comply w/ LR for WDPA may result in dismissal of defts' motion for partial summary jdgmt; directing pltf to the n file counter-stmt of mat'l fact & appendix in supp thereof by 2/15/19; & directing deft to file responsive stmt of mat'l facts & appendix w/ any addt'l pertinent record evidence in supp thereof by 3/1/19. (See order for complete details.) Signed by Christopher C. Conner on 1/18/19. (kmMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BARBARA A. BAUM,

:
:
Plaintiff
:
:
v.
:
:
METROPOLITAN PROPERTY AND :
CASUALTY INSURANCE COMPANY, :
t/d/b/a METLIFE AUTO & HOME,
:
:
Defendant
:

CIVIL ACTION NO. 2:16-CV-623
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of January, 2019, upon consideration of the motions
(Docs. 92, 98) to strike by plaintiff Barbara A. Baum (“Baum”), wherein Baum
moves to strike both the statement of material facts and the response to her
counterstatement of material facts filed by defendant Metropolitan Property and
Casualty Insurance Company (“Metropolitan”) for noncompliance with the local
rules of court, and to dismiss Metropolitan’s motion for partial summary judgment,
and further upon consideration of Metropolitan’s brief in opposition to said
motions, (Doc. 99), and the court observing that Local Rule 56 requires that a
motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 be
supported by a separately filed concise statement of undisputed and material facts,
wherein the 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,” LOCAL RULE OF COURT
56(B)(1), and that any “[d]ocuments referenced in the Concise Statement shall be

included in an appendix,” LOCAL RULE OF COURT 56(B)(3), and it appearing that
Metropolitan cites to no record evidence in support of the facts asserted in its
respective statements of material facts,1 (see Docs. 90, 97), and the court concluding
that these filings fail to comply with Local Rule 56 and should therefore be stricken,
it is hereby ORDERED that:
1.

Baum’s motions (Docs. 92, 98) to strike are GRANTED in part to the
extent they seek to strike Metropolitan’s statements of material facts
as noncompliant with Local Rule 56. The motions are otherwise
DENIED.

2.

The Clerk of Court is DIRECTED to strike docket entries 90, 93, 94, 97,
and 100.

3.

Metropolitan shall refile its statement of material facts and appendix
in support thereof on or before Friday, February 1, 2019.
Metropolitan is admonished that further failure to comply with the
Local Rules for the Western District of Pennsylvania may result in
dismissal of its motion for partial summary judgment.

4.

Baum shall then file a counterstatement of material facts and appendix
in support thereof on or before Friday, February 15, 2019.

5.

Metropolitan shall then file a responsive statement of material facts,
and an appendix containing any additional pertinent record evidence
in support thereof, on or before Friday, March 1, 2019.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

Metropolitan eventually filed an appendix to its statement (Doc. 90) of
material facts nearly two months later. (See Doc. 100). No appendix to
Metropolitan’s responsive statement (Doc. 97) of material facts was ever filed.