Free Order on Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:03-cv—0O620—DFM Document 23 Filed 07/27/2005 Page10f2
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` UNITED STATES DISTRICT COURT ill I
_ DISTRICT OF CONNECTICUT
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EFRAIN HERNANDEZ, : · y»·q ._l `
Y plaintiff, S l I · ·. -· - g
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v. : CASE NO. 3:03CV620(RNC)
JOHN J. ARMSTRONG, ET AL., Q R
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Defendants. : i
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NOTICE AND ORDER I
l On July 15, 2005, the plaintiff filed a motion for summary E
judgment. (Doc. #19.) The motion, however, does not comply with
' the Federal Rules of Civil Procedure. Specifically, the plaintiff
did not serve a copy on the opposing party in violation of Fed. R. ;
Civ. P. 5.1 Rule 5 requires that "every written motion . . . g
· shall be served upon each of the parties" and that the plaintiff i
Q file a "certificate of serviceH' Accordingly, the plaintiff's
)
I lFed. R. Civ. P. 5 provides in relevant part:
N (a) Service: When required. Except as otherwise
provided in these rules, every order required by its
X terms to be served, every pleading subsequent to the
original complaint unless the court otherwise orders
because of numerous defendants, every paper relating to
discovery required to be served upon a party unless the
court otherwise orders, every written motion other than
one which may be heard ex parte, and every written
notice, appearance, demand, offer of judgment,
designation of record on appeal, and similar paper shall
I be served upon each of the parties ....
; * * *
I (d) Filing; Certificate of Service. All papers after the
complaint required to be served upon a party, together
with a certificate of service, must be filed with the l
I court within a reasonable time after service .... y

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I Case 3:03-cv—0O620—DFM Document 23 Filed 07/27/2005 Page 2 of 2
I motion for summary judgment is DENIED without prejudice. If the I
Q plaintiff chooses to refile his motion, any new motion must comply I
I with the notice requirements of Rule 5 of the Federal Rules of
I Civil Procedure. wg; I
I SO ORDERED at Hartford, Connecticut this 6},7 day of July,
y 2 005. /; y
7/ / 0 /7
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I Donna F. Martinez n _
T United States Magistrate Judge y
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