Ezell v. Metropolitan Government of Nashville & Davidson County et al

Filing 29

ORDER: Motion in opposition to defendants' motion to dismiss 24 is Denied. A motion to dismiss has not been filed by the defendants, and the plaintiff's motion actually appears to be a response to the answer 17 filed by Defendants Charl es Williams and Glenfield Knight. The plaintiff shall have until 10/7/2011, to file a response to the motion for summary judgment. The plaintiff is advised that failure to file a timely response to the motion for summary judgment could result in the dismissal of the claims brought against these defendants. Signed by Magistrate Judge Juliet E. Griffin on 9/1/11. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TIMOTHY W. EZELL

)
)
v.
)
)
METROPOLITAN GOVERNMENT OF
)
NASHVILLE AND DAVIDSON COUNTY, et al. )

NO. 3:11-0405

ORDER
The plaintiff has filed a motion (Docket Entry No. 24) “in opposition to defendants’ motion
to dismiss.” The motion is DENIED. A motion to dismiss has not been filed by the defendants, and
the plaintiff’s motion actually appears to be a response to the answer (Docket Entry No. 17) filed
by Defendants Charles Williams and Glenfield Knight. However, Rule 7 of the Federal Rules of
Civil Procedure does not permit a party to file a reply or response to an answer unless ordered by
the Court. No such order has been issued in this action, and there is no need for the plaintiff to file
a reply or response to the answer.
Subsequent to the plaintiff’s motion, Defendants Williams and Knight filed a motion for
summary judgment (Docket Entry No. 25) which is now pending before the Court. The plaintiff
shall have until October 7, 2011, to file a response to the motion for summary judgment.
The plaintiff is advised that Rule 56(a) of the Federal Rules of Civil Procedure mandates that
summary judgment be granted if the moving party shows that there is no genuine dispute as to any
material fact and the moving party is entitled to a judgment as a matter of law. Once the defendants
properly show the absence of a genuine dispute for trial, the plaintiff must show that the material
facts are genuinely disputed by citing to materials in the record, including depositions, documents,

electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory
answers, or other materials, or show that the materials cited by the defendants do not establish an
undisputed fact or that the defendants cannot produce admissible evidence to support such fact(s).
The plaintiff is also advised that, if he wishes to dispute the facts submitted by the
defendants, he must respond to the defendants’ statement of undisputed, material facts in accord
with Local Rule 56.01(c), by responding to each fact set forth by the defendants by either (1)
agreeing that the fact is undisputed; (2) agreeing that the fact is undisputed for the purposes of ruling
on summary judgment; or (3) by demonstrating that the fact is disputed, with specific citation to the
record. The plaintiff may include his responses to each fact listed on the same copy of the
defendants’ Statement of Undisputed Facts with which he was served, and then file that document
together with his response. If the plaintiff needs more space to respond to the defendants’ Statement
of Undisputed Facts, the plaintiff may attach additional pages thereto.
Finally, the plaintiff is advised that failure to file a timely response to the motion for
summary judgment could result in the dismissal of the claims brought against these defendants.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

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