United States District Court, D. Montana, Helena Division
JOHNSTON, UNITED STATES MAGISTRATE JUDGE
are the parties' ten motions for summary judgment and
Plaintiff Jacob Smith's Motion for a 30-Day Extension to
Respond to the State Defendants' Motions for Summary
Judgment (Doc. 111) and Motion for an Order to Expunge
Plaintiff's Affidavit and Attachments Doc. 103-1 (Doc.
State Defendants' Motions for Summary
September 26 and 27, 2019, the State Defendants filed five
motions for summary judgment (Doc. 76-Motion for Summary
Judgment for Failure to Exhaust Administrative Remedies, Doc.
80-Motion for Summary Judgment on Deliberate Indifference
Claims, Doc. 88-Motion for Summary Judgment on Retaliation
Claim, Doc. 92-Motion for Summary Judgment on Excessive Force
Claim, and Doc. 96-Motion for Summary Judgment on Supervisory
Liability Claim). Defendant Styeh's Motion for Summary
Judgment (Doc. 88) has been denied and Defendant Styeh has
been dismissed. (Doc. 136.)
October 8, 2019, the Court granted Mr. Smith's motion to
amend his complaint and the Second Amended Complaint (Doc.
107) was filed. On November 1, 2019, in light of the filing
of the Second Amended Complaint, the State Defendants filed a
Notice with Respect to Refiling of Motions (Doc. 119)
indicating that their motions for summary judgment should be
deemed withdrawn. The State Defendants then filed four new
motions for summary judgment. (Docs. 120, 124, 128, and 132.)
In light of Defendants' Notice, the Court deems Documents
76, 80, 92, and 96 withdrawn without prejudice.
Motion for Extension
light of the withdrawal of the State Defendants' Motion
for Summary Judgment, Mr. Smith's motion for extension is
now moot. The Court, however, notes that Local Rule
7.1(d)(2)(D) provides that “Filing serial motions to
avoid word limits may result in denial of all such
motions.” The word limit for briefs in support of
motions for summary judgment is 6500 words. L.R.
the State Defendants' motion for summary judgment on
supervisory liability does not include a certificate of
compliance as required by Local Rule 7.1(d)(2)(E), the Court
has estimated that Defendants' briefs in support of their
four motions for summary judgment consist of approximately
15, 684 words- nearly two and a half times the word limit.
This practice of serial motions not only burdens the Court
but also Mr. Smith who is a pro se litigant incarcerated in
Montana State Prison with limited resources. This practice
should be avoided in the future. For purposes of this case,
the Court will set forth a briefing schedule allowing Mr.
Smith sufficient time to respond to each motion. Should he so
choose, Mr. Smith may file one consolidated response to
Defendants' motions for summary judgment
Motion to Expunge
Smith seeks to replace attachments which were inadvertently
filed without being redacted. (Doc. 112.) He has submitted a
supplemental affidavit with redacted attachments. The Court
will direct the Clerk of Court to seal Document 103 and file
Mr. Smith's supplemental affidavit with redacted
upon the foregoing, the Court issues the following:
State Defendants' Motions for Summary Judgment (Docs. 76,
80, 92 and 96) having been WITHDRAWN shall be terminated by
the Clerk of Court.
Smith's Motion for a 30-Day Extension to Respond to the
State Defendants' Motions for Summary Judgment (Doc. 111)
is DENIED AS MOOT. Mr. Smith shall have until
December 2, 2019 to respond to
Defendants' new Motion for Summary Judgment for Failure
to Exhaust Administrative Remedies (Doc. 120). Mr.
Smith's response(s) to the State Defendants remaining
motions (Motion for Summary Judgment on Excessive Force Claim
(Doc. 124), Motion for Summary Judgment on Deliberate