WASHINGTON v. GILMORE et al

Filing 95

ORDER re 90 the Motion for Summary Judgment filed by Defendants GILMORE and GUTH. Plaintiff shall be allowed until July 1, 2020, to file his response in opposition to the Motion for Summary Judgment as more fully set forth herein. Signed by Magistrate Judge Lisa Pupo Lenihan on June 2, 2020. (kcb)

Case 2:18-cv-00339-JFC-LPL Document 95 Filed 06/03/20 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JEROME JUNIOR WASHINGTON,
Plaintiff,
v.
SUPERINTENDENT MR. GILMORE,
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

Civil Action No. 18 – 339
District Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan

ORDER
Defendants Gilmore and Guth have filed a Motion for Summary Judgment and a Brief in
Support thereof, as well as a Concise Statement of Material Facts and an Appendix thereto.
(ECF Nos. 90-93.) Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall be allowed until July 1, 2020, 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

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,
1

Case 2:18-cv-00339-JFC-LPL Document 95 Filed 06/03/20 Page 2 of 4

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 motions; and that the motions 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 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:
(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.1 1 for instructions regarding format and
annotation); and

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

Case 2:18-cv-00339-JFC-LPL Document 95 Filed 06/03/20 Page 3 of 4

(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.3 2
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
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
Court will consider dismissal of this action for failure to prosecute.
Dated: June 2, 2020.
/s/ Lisa Pupo Lenihan
Lisa Pupo Lenihan
United States Magistrate Judge

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

Case 2:18-cv-00339-JFC-LPL Document 95 Filed 06/03/20 Page 4 of 4

cc:

Jerome Junior Washington
HV-0282
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
Counsel for Defendants
(Via CM/ECF electronic mail)

4