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

SRM

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S:\Drafts\OutBox\03-0916-125o Order 05 08 29 re Strike PsMSJ Form.wpd

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA
Earl Felton Crago, Jr., Plaintiff -vsDora B. Schriro, et al., Defendant(s) CV-03-0916-PHX-EHC (JI) ORDER

Plaintiff has filed a Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56(a). Local Rule of Civil Procedure 56.1(a) provides: Any party filing a motion for summary judgment shall set forth separately from the memorandum of law, and in full, the specific facts on which that party relies 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 a specific portion of the record where the fact may be found (i.e., affidavit, deposition, etc.). Any party opposing a motion for summary judgment must comply with the foregoing in setting forth the specific facts, which the opposing party asserts, including those facts which establish a genuine issue of material fact precluding summary judgment in favor of the moving party. In the alternative, the movant and the party opposing the motion shall jointly file a stipulation signed by the parties setting forth a statement of the stipulated facts if the parties agree there is no genuine issue of any material fact. As to any stipulated facts, the parties so stipulating may state that their stipulations are entered into only for the purposes of the motion for summary judgment and are not intended to be otherwise binding. Plaintiff's Motion for Summary Judgment has not been submitted with the required separate statement of facts, and thus does not comply with the rule. IT IS THEREFORE ORDERED that Plaintiff's Motion for Summary Judgment, filed August 26, 2005 is STRICKEN. DATED: August 30, 2005 _____________________________________ JAY R. IRWIN United States Magistrate Judge

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Case 2:03-cv-00916-EHC-JRI Document 1261 - Filed 08/31/2005 Page 1 of 1