Archive for the ‘Electronic filing’ category

Judge Paul G. Cassell – Motion for Summary Judgment granted

June 19, 2007

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.”

Case dismissed.

Article – Electronic Filing in Federal Court

January 31, 2007

I wrote an article regarding electronic filing in federal court that was just published in the Jan./Feb. issue of the Utah Bar Journal.¬† If you’re interested in reading the article, click on the link below.

Electronic Filing in Federal Court – Where are We Now?

District of Utah has upgraded to CM/ECF Version 3.0

January 5, 2007

The District of Utah has upgraded to CM/ECF Version 3.0.

For those interested in the changes, see here and here.

New Local Rules

December 11, 2006

Click on the following link to find the new Local Rules for the District of Utah.

 http://www.utd.uscourts.gov/documents/announce_localrules2006.html

 Amended December 1, 2006.