MacDermott v. Shelabarger

Background

Troy N. MacDermott sued Benjamin Shelabarger for “Defamation/Slander and Defamation Per Se,” alleging that Shelabarger submitted a falsified witness statement to prison officials claiming that MacDermott abused his dog and suffered from mental illness. MacDermott seeks $100,000 in damages and unspecified punitive damages. The opinion states that both parties are inmates at the Federal Medical Center-Rochester and are representing themselves.

She labarger filed a motion for summary judgment. In an earlier report and recommendation, the court recommended denying that motion without prejudice because it did not address the operative pleading and MacDermott had not had enough time to conduct discovery. MacDermott then filed a motion to compel and a motion to deny summary judgment.

Motion to Compel

MacDermott argued that Shelabarger had not properly served his answer and motion for summary judgment. The court granted MacDermott’s motion without deciding whether Shelabarger had previously failed to serve those filings.

The court ordered Shelabarger to provide MacDermott copies of filings when he files them with the court, to the extent required by Federal Rule of Civil Procedure 5. The rule permits service by delivering documents in person, mailing them, or using another method listed in the rule. The court stated that failure to comply may lead to waiver of arguments, an order striking a filing from the docket, or other sanctions. The court also noted that Rule 5 applies to both parties.

Motion to Deny Summary Judgment

The court recommended granting MacDermott’s motion to deny summary judgment for the reasons given in the earlier report and recommendation. Those reasons included that MacDermott had not had sufficient time to conduct discovery and that Shelabarger’s motion did not address the operative pleading.

The recommendation states that Shelabarger’s motion for summary judgment should be denied without prejudice. The court did not evaluate the merits of MacDermott’s defamation allegations or determine whether either party should ultimately prevail.

Disposition and Review

The court ordered that MacDermott’s motion to compel was GRANTED. It recommended that MacDermott’s motion to deny summary judgment be GRANTED and that Shelabarger’s motion for summary judgment be denied without prejudice. Because this document is a magistrate judge’s report and recommendation rather than a district court order or judgment, it is not directly appealable to the Court of Appeals. The parties may file specific written objections within the period stated in the notice.