Opinion
Case No. 4:03-CV-250-Y.
August 9, 2005
ORDER GRANTING DEFENDANT CITY OF ARLINGTON'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION TO DISMISS
Pending before the Court is defendant City of Arlington's Motion for Summary Judgment [doc. # 65], filed January 5, 2005. Also pending before the Court is plaintiff Kalvin W. Kelly's Motion to Dismiss Defendant Motion for Summary Judgment [doc. # 71], filed January 18. Having carefully reviewed the parties' motions and Defendant's reply, the Court concludes that Defendant's motion should be and hereby is GRANTED for the reasons stated therein. Moreover, the Court further concludes that Plaintiff's motion should be and hereby is DENIED for the reasons stated in Defendant's reply.
On January 20 the Court entered an order instructing the parties that it would regard Plaintiff's "motion" both as a motion to strike and as a response to Defendant's summary-judgment motion.
Moreover, the Court notes that Plaintiff's motion is almost wholly unresponsive to Defendant's summary-judgment motion, stating only that Plaintiff "has proof of discrimination," "has a meritorious defense" against Defendant, and "has information to support this case." (Pl.'s Mot. to Dismiss at 2.) Plaintiff only properly offers one page of a deposition to support these allegations, and never indicates how that deposition excerpt aids his case. Furthermore, the response contains no legal argument or citation to legal authority. Consequently, the Court can only construe the document as running afoul of Federal Rule of Civil Procedure 56(e), which states:
When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the adverse party does not so respond, summary judgment, if appropriate, shall be entered against the adverse party.