Lisa Bobbit v. Correctional Sergeant Dean Rebideau
- Analisa Torres
- 1:16-cv-02042
- U.S. District Court · Southern District of New York
- 2
In Lisa Bobbit v. Dean Rabideau, Judge Torres denied Bobbit’s motion to strike defense declarations filed for summary judgment.
Lisa Bobbit and the defendants in the two cases listed in the order.
What happened
Lisa Bobbit asked the court to strike declarations that defendants submitted in support of their summary-judgment motion. The order lists two cases involving Bobbit and defendants, including Correctional Sergeant Dean Rabideau.
The court said that claims about a party’s failure to cite evidence under Local Rule 56.1 should ordinarily be made in opposition to summary judgment, rather than through a separate motion to strike. The court explained that it may consider other materials in the record even when the parties did not cite them.
Judge Torres denied Bobbit’s motion and directed the Clerk of Court to terminate it. The order did not decide the underlying summary-judgment motion.
The detailed version
- Lisa Bobbit v. Correctional Sergeant Dean Rebideau · No. 1:16-cv-02042
- Analisa Torres
- Jan. 15, 2020
Background
On January 10, 2020, Lisa Bobbit moved to strike declarations submitted by defendants in connection with their motion for summary judgment. Defendants filed a letter opposing the motion on January 15, 2020.
Reasoning
The court held that an argument that a party failed to cite evidence as required by Local Civil Rule 56.1 is properly raised in opposition to a summary-judgment motion, rather than in a separate motion to strike. The court relied on Federal Rule of Civil Procedure 56(c) and Local Civil Rule 56.1. Those rules require parties supporting or opposing summary judgment to cite particular record materials, but Rule 56(c)(3) permits the court to consider other materials in the record as well. Addressing the issue in the summary-judgment opposition allows the court to make a fully informed decision about whether to review evidence beyond the materials cited in the parties’ Rule 56.1 statements.
Disposition
The court denied Bobbit’s motion to strike. Judge Analisa Torres directed the Clerk of Court to terminate the motion at ECF No. 228. The order addressed the motion to strike and did not resolve the merits of the defendants’ summary-judgment motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.