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- arwd;;4:17-cv-04108_de45 RegisterActionDate "2018-09-06" @default.
- arwd;;4:17-cv-04108_de45 RegisterActionDescriptionText "TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION 41 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either: (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746.Furthermore, Plaintiff must also separately file a Statement of Disputed Facts, which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and, for each paragraph identified, explain why there is a dispute.Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position).Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 9/27/2018.. Signed by Honorable Barry A. Bryant on September 6, 2018. (mlf) (Entered: 09/06/2018)" @default.
- arwd;;4:17-cv-04108_de45 AdministrativeID "44" @default.
- arwd;;4:17-cv-04108_de45 hasJudgeReference SJ003190 @default.
- arwd;;4:17-cv-04108_de45 hasReferenceToOtherEntry arwd;;4:17-cv-04108_de42 @default.