Bates v. STATE OF WISCONSIN - DEPARTMENT OF WORKFORCE DEVELOPMENT et al

Filing 47

ORDER denying 46 Motion for Summary Judgment filed by plaintiff for failure to comply with court procedures to be followed on Motion for Summary Judgment. Signed by Chief Judge Barbara B. Crabb on 3/27/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------G O R D A N BATES, ORDER Plaintiff, 0 8 -c v -4 6 5 -s lc v. S TA T E OF WISCONSIN - DEPARTMENT O F WORKFORCE DEVELOPMENT, S T A T E OF WISCONSIN - VOCATIONAL R E H A B I L IT A T I O N , ALLIANCE OF IMPARTIAL H EA R IN G OFFICERS, LESLIE MIRKIN, M IC H A EL GRECO, KAREN LAMBRIGHT, LIN D A VEGOE, MICHAEL SCHNAPP, D EB HENDERSON-GUETHER, DAVID B EC K ER and CLIENT ASSISTANCE PROGRAM, D efendan ts. --------------------------------------------Plaintiff Gordan Bates has filed a motion for summary judgment. Unfortunately, the m otion must be denied. Plaintiff has failed to comply with this court's Procedures to be Fo llow ed on Motions for Summary Judgment, a copy of which was sent to him on October 8, 2008, with Magistrate Judge Stephen Crocker's preliminary pretrial conference order. P lain tiff has filed a single document in which he lists proposed findings of fact and m akes legal arguments and to which he has attached purported evidentiary materials. As the

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co urt's procedures make clear, a party's proposed findings of fact are to be set forth in a docum ent separate from the party's legal arguments. In addition, to be admissible as evidence, exhibits must be authenticated. This means they must be attached to an affidavit in which a person who has personal knowledge of what the exhibits are declares under penalty of perjury or swears under oath that the exhibits are true and correct copies of the do cum ents they appear to be. For example, if plaintiff wants to submit copies of email com m unications he had with or a business plan he submitted to one or more of the defendants, he should prepare an affidavit in which he declares under penalty of perjury that those exhibits (identified by the numbers he gave them) are true and correct copies of email exch an ges between him and a particular defendant occurring on such and such a date or dates or the business plan he submitted to a particular defendant on such and such a date. L ikew is e , if plaintiff wants to submit a copy of portions of his medical records, he must ob tain an affidavit from the custodian of the records in which the custodian declares under p en alty of perjury or swears under oath that the records are true and correct copies of p lain tiff's medical records maintained by the particular medical facility from which he got them . Because plaintiff failed to comply with this court's summary judgment procedures and b ecau se none of his exhibits are admissible as evidence in light of the fact that they have not been authenticated, plaintiff's motion for summary judgment will be denied. However, the

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d en ial of plaintiff's motion does not prejudice plaintiff. I note that on March 23, 2009, d efen dan ts filed their own motion for summary judgment. In response to that motion, p lain tiff will have an opportunity to explain his version of the facts, submit evidence and raise any legal arguments he wishes to raise relating to the matters at issue in this case. H o w e ver, plaintiff is encouraged to pay strict attention to the court's summary judgment pro cedures in preparing his response so that his submissions may be considered by the court. T o allow plaintiff to properly authenticate his exhibits, I am returning them to plaintiff with a copy of this order.

ORDER IT IS ORDERED that plaintiff's motion for summary judgment is DENIED for his failure to comply with the court's Procedures to be Followed on Motions for Summary Judgm ent. E n tered this 27t h day of March, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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