WILLIAMS v. OVERMYER

• Court: District Court, W.D. Pennsylvania
• Decided: January 7, 2020
• Docket: 1:18-cv-00098
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KEVIN WILLIAMS, ) ) Plaintiff ) Case No. 1:18-cv-00098 (Erie) ) vs. ) SUSAN PARADISE BAXTER ) UNITED STATES DISTRICT JUDGE ) ) RICHARD A. LANZILLO ) UNITED STATES MAGISTRATE JUDGE SUPT. OVERMYER, OBLANDER, ) SAWTELLOE, BLICHA, GUSTAFSON, _ ) RIETTENHOUSE, MAHONEY, ) ORDER REGARDING MOTIONS FOR TERMAINE, TREVOR WINGARD, ) SUMMARY JUDGMENT GINA, AND PATRICA PETERSON, ) ) Defendants ) ) Plaintiff and Defendants have both filed Motions for Summary Judgment in his matter. See ECF No. 53; ECF No. 62. And both parties have filed Concise Statements of Undisputed Fact supporting their motions, in accordance with our Local Rules. See ECF No. 54; ECF No. 64; see also LCvR 56(B)(1). However, neither party filed a Response Concise Statement, as contemplated by LCvR 56(C)(1) (a-c). Such Responses are “unequivocally requite[d]’” under our local rules and the failure to file a Responsive Concise Statement can result in the opposing party’s statements being admitted as undisputed. See Cuppett v. Rate Aid of Penna., 2019 WL 5310578, *1 n.1 (W.D. Pa. Oct. 21, 2019); LCvR 56(E). In light of this failure to comply, the Court now grants each party an additional seven (7) days to file their Responsive Concise Statements. These Responsive Statements are to be filed on or before ‘Tuesday, January 14, 2020. Pursuant to our Local Rules such statements must respond 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 partty’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 1s undisputed or material), with appropriate reference to the record (See LCvR 56.B.1 for instructions regarding format and annotation); and C. setting forth in sepatately numbered paragraphs any other material facts that ate allegedly at issue, and/or that the opposing party asserts ate necessary for the Coutt to determine the motion for summary judgment. See LCvR 56(C)(1) (a-c). The Court is, sua sponte, including a copy of Local Rule 56 and a copy of the Defendant’s Concise Statement of Material Facts with the copy of this order sent to the Plaintiff at his address of record. _at So ordered this 7’ day of January, 2020. OF RICHARD A. LANZILLO United States Magistrate Judge