Judge Paul G. Cassell – Motion for Summary Judgment granted
TRACY J. ERCANBRACK, Plaintiff, vs. WASHINGTON COUNTY, WASHINGTON COUNTY SHERIFF’S DEPARTMENT, PURGATORY CORRECTIONAL FACILITY, Defendants.
Case No. 2:06-cv-313
United States District Court for the District of Utah, Central Division
2007 U.S. Dist. LEXIS 43033
June 13, 2007
Defendants filed a Motion for Summary Judgment on March 14, 2007. Plaintiff’s response was due on April 13, 2007. On April 20, 2007, Magistrate Judge Nuffer granted an extension to file the response with the new deadline being May 18, 2007. On May 31, 2007, no response had been filed and the court ordered plaintiff’s counsel to show cause as to why it should not grant the defendants’ motion for summary judgment due to his non-opposition. The court ordered plaintiff’s counsel to respond within ten days.
Plaintiff’s counsel responded with a filing that stated (in whole):
“COMES NOW, Plaintiff, through Counsel, in opposition to Defendant’s Motion for Summery Judgment stating that there is no legal grounds upon which Defendant should be granted Summer Judgment. Plaintiff will more fully outline his opposition in Supporting Memorandum. Plaintiff would request that a hearing be set to provide Oral Argument in this matter.”
Plaintiff’s counsel filed no supporting memorandum with the above document.
In dismissing the case, Judge Cassell stated: “It is not the job of the court or of the defendants to make the plaintiff’s arguments for him, and the court deems arguments not addressed in an opposition to be abandoned.”