Opinion
Case No. 96-4214-SAC.
January 12, 2001.
MEMORANDUM AND ORDER
This case comes before the court on the motion of the defendant, William Henderson, Postmaster General of the United States Postal Service, for summary judgment. (Dk. 303). The motion is unopposed by the plaintiff, who has filed no response thereto.
Plaintiff, proceeding pro se after several previous counsel withdrew from her representation, previously requested an extension of time in which to respond to defendant's motion for summary judgment. (Dk. 306). In granting that extension, the court specifically advised the plaintiff : "If no timely response is filed, the Court may grant the motion as unopposed pursuant to D.Kan. Rule 7.4." (Dk. 307.)
The rules of this court dictate that defendant's motion for summary judgment be granted. The rule regarding a party's failure to file and serve motion papers provides: "If a respondent fails to file a response within the time required by Rule 7.1(b), the motion will be considered and decided as an uncontested motion, and ordinarily will be granted without further notice." D.Kan. Rule 7.4 (referring to Rule 7.1(b)'s twenty-day period for filing a response to a summary judgment motion). The rules of this court further specifically state that "all material facts set forth in the statement of the movant shall be deemed admitted for the purpose of summary judgment unless specifically controverted by the statement of the opposing party." D.Kan. Rule 56.1.
Here, the defendant has complied with its duty under the relevant rules of practice to submit its summary judgment motion and memoranda, containing a concise statement of material facts as to which it contends no genuine issue exists. (Dk. 304-305). The facts set forth by the defendant refer with particularity to the portion of the record upon which defendant relies, and are supported by affidavits, and/or relevant portions of pleadings, depositions, answers to interrogatories and responses to requests for admission. Id. In short, the defendant has complied with its burden to show that summary judgment is warranted. Plaintiff has done nothing to show that it is not. Under the rules of this court, which are binding not only upon the court and the defendant, but also upon the plaintiff, defendant's motion for summary judgment must be granted.
IT IS THEREFORE ORDERED THAT defendant's motion for summary judgment (Dk. 303) is granted.