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Ashley Desano v. Ibis Tek Apparel

August 1, 2011

ASHLEY DESANO, PLAINTIFF,
v.
IBIS TEK APPAREL, LLC. DEFENDANT.



The opinion of the court was delivered by: Joy Flowers Conti United States District Judge

ORDER AND NOW, this 1st day of August, 2011, upon consideration of the motion for summary judgment (ECF No. 26) filed by defendant Ibis Tek Apparel, LLC ("defendant" or "Ibis Tek") and the other submissions of the parties, the motion for summary judgment is DENIED without prejudice. Both defendant and plaintiff Ashley Desano ("plaintiff" or "Desano") failed to follow the requirements as set forth in the Local Rules of Civil Procedure for the Western District of Pennsylvania and the case management order, dated January 27, 2011 entered by this court (ECF No. 25). Specifically, plaintiff and defendant failed to comply with Local Rule of Civil Procedure No. 56. Local Rule of Civil Procedure No. 56 provides:

(A) Application.

The procedures that follow shall govern all motions for summary judgment made in civil actions unless the Court, on its own motion, directs otherwise, based on the particular facts and circumstances of the individual action.

(B) Motion Requirements.

The motion for summary judgment must set forth succinctly, but without argument, the specific grounds upon which the judgment is sought and must be accompanied by the following:

(1) A Concise Statement of Material Facts.

A separately filed concise statement setting forth the facts essential for the Court to decide the motion for summary judgment, which the moving party contends are undisputed and material, including any facts which for purposes of the summary judgment motion only are assumed to be true. The facts set forth in any party's Concise Statement shall be stated in separately numbered paragraphs. A party must cite to a particular pleading, deposition, answer to interrogatory, admission on file or other part of the record supporting the party's statement, acceptance, or denial of the material fact;

(2) Memorandum in Support.

The supporting memorandum must address applicable law and explain why there are no genuine issues of material fact to be tried and why the moving party is entitled to judgment as a matter of law; and

(3) Appendix.

Documents referenced in the Concise Statement shall be included in an appendix. Such documents need not be filed in their entirety. Instead, the filing party may extract and highlight the relevant portions of each referenced document. Photocopies of extracted pages, with appropriate identification and highlighting, will be adequate.

(C) Opposition Requirements.

Within 30 days of service of the motion for summary judgment, the ...


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