Smith v. Kittitas County Veterans Coalition et al

Filing 18

ORDER GRANTING DEFENDANTS' MOTION TO CONTINUE SUMMARY JUDGMENT HEARING, striking 12 Motion for Summary Judgment; granting 14 Motion to Continue; and granting 16 Motion to Expedite. Signed by Judge Rosanna Malouf Peterson. (LR, Case Administrator)

1
2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

3
4
5

RUSSELL JD SMITH,
NO: 1:16-CV-3140-RMP

6

Plaintiff,
v.

7
8
9
10
11
12

KITTITAS COUNTY VETERANS
COALITION; KITTITAS COUNTY
BOARD OF COUNTY
COMMISSIONERS; VETERANS
ADVISORY BOARD; JERRY
PETTIT, Kittitas County Auditor;
PAUL JEWEL; OBIE O’BRIEN;
BILLY ROBINS; CHAD LARSON;
RONALD NESS; BRENT PAINE;
JOSEPH PEACH; MEL GOUDGE;
and WERNER HILLEMANN,

ORDER GRANTING DEFENDANTS’
MOTION TO CONTINUE SUMMARY
JUDGMENT HEARING

13
Defendants.
14
15

Before the Court is Defendants’ Motion to Continue Summary Judgment

16

Response and Hearing Dates, ECF No. 14, and Motion to Expedite the Same, ECF

17

No. 16. Defendants are represented by Kenneth Harper. Plaintiff is appearing pro

18

se.

19

Plaintiff filed a motion for summary judgment, ECF No. 12, which is noted

20

for hearing on January 9, 2017, without oral argument. However, Plaintiff failed to

21

provide in the motion any of the information required by Local Rule 7.1, such as
ORDER GRANTING DEFENDANTS’ MOTION TO CONTINUE SUMMARY
JUDGMENT HEARING ~ 1

1

“supporting factual assertions and legal authority,” and failed to comply with Local

2

Rule 56.1 which states:

3

6

(a) Any party filing a motion for summary judgment shall set forth
separately from the memorandum of law, and in full, the specific facts
relied upon in support of the motion. The specific facts shall be set forth
in serial fashion and not in narrative form. As to each fact, the
statement shall refer to the specific portion of the record where the fact
is found (i.e., affidavit, deposition, etc.). The specific portions of the
record relied upon shall be attached to the statement of material facts.

7

Defendants filed a motion to continue based on Fed. R. Civ. P. 56(e) and

4
5

8

54(d) which provide a court with authority to issue appropriate orders to allow a

9

responding party a meaningful opportunity to properly respond to an opposing

10

party’s motion for summary judgment. Defendants contend that Mr. Smith’s

11

failure to comply with Local Rule 56(a) prejudices Defendants because Mr. Smith

12

has failed to provide a factual basis for his motion. In addition, Defendants’

13

counsel explains that Mr. Smith has failed to produce disclosures as required by

14

the Court’s trial scheduling order and by Fed. R. Civ. P. 26(a)(1). Defendants note

15

that they are attempting to schedule Mr. Smith’s deposition for mid-December at

16

which time they hope to obtain some of the needed information for a response to

17

his motion for summary judgment. Defendants submitted an additional declaration

18

explaining that defense counsel was able to discuss Defendants’ continuance of

19

Plaintiff’s motion with Plaintiff and that Plaintiff objects to any continuance. ECF

20

No. 17.

21
ORDER GRANTING DEFENDANTS’ MOTION TO CONTINUE SUMMARY
JUDGMENT HEARING ~ 2

1

The Court understands that Mr. Smith is proceeding pro se. However, Mr.

2

Smith is still required to adhere to the Rules of Civil Procedure and the Local

3

Rules of this Court regarding motion practice. All of those rules are readily

4

available via the internet. In this case, requiring the Defendants to respond to Mr.

5

Smith’s vague and unsupported motion for summary judgment without the

6

supporting memorandum and statement of material facts that Mr. Smith is required

7

to file would prejudice Defendants and deprive the Court of an opportunity to

8

make a fully informed decision on Mr. Smith’s motion.

9

Therefore, pursuant to Fed. R. Civ. P. 56(d) and 56(e), the Court strikes Mr.

10

Smith’s Motion for Summary Judgment, ECF No. 12, the January 9, 2017, hearing

11

date, and all associated filing deadlines. Mr. Smith is directed to file an amended

12

motion for summary judgment, if he so chooses, but to assure that any amended

13

motion is in conformance with this Court’s Local Rule 56 and the Federal Rules of

14

Civil Procedure. He must include a factual basis for his motion with supporting

15

documentation. Mr. Smith must authenticate any exhibits on which he relies and

16

adhere to the Federal Rules of Evidence.

17

Accordingly, IT IS HEREBY ORDERED:

18

1. Defendant’s Motion to Continue, ECF No. 14, and Motion to Expedite,

19

ECF No. 16, are GRANTED.

20
21
ORDER GRANTING DEFENDANTS’ MOTION TO CONTINUE SUMMARY
JUDGMENT HEARING ~ 3

1

2. The Clerk of Court is hereby directed to STRIKE Plaintiff’s Motion for

2

Summary Judgment, ECF No. 12, from the record, and STRIKE the

3

Summary Judgment hearing date of January 9, 2016.

4
5
6
7
8

The District Court Clerk is directed to enter this Order and provide copies to
counsel and pro se Plaintiff.
DATED: November 29, 2016.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
ORDER GRANTING DEFENDANTS’ MOTION TO CONTINUE SUMMARY
JUDGMENT HEARING ~ 4