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Comanche county jail1/8/2024 ![]() that can address the issue that exists in each of their cases, whether Defendant is entitled to summary judgment on Plaintiffs’ claims that the CCDC violated their constitutional rights. With regard to Plaintiffs’ response briefs, to the extent Plaintiffs have failed to comply with Local Civil Rule 56.1(d) by failing to cite to evidence to contradict the Defendant’s numbered uncontested fact, the fact is deemed admitted pursuant to Rule 56.1(e). Rule 10 does not contemplate briefing by incorporation and Defendant’s method increased the Court’s workload by making it difficult to fully consider a single set of briefs by referencing other briefs, which in turn incorporated a third brief. Rule 10(c) provides that “ statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion.” Motions, however, are not pleadings. Having considered the parties submissions, the Court finds as follows.1 Although Defendant filed separate motions for summary judgment with regard to each Plaintiff, the Court finds that resolution will be most expeditious with entry of a single order 1 At the outset the Court notes that Defendant repeatedly utilized briefing by incorporation, allegedly premised on Federal Rule of Civil Procedure 10(c). Plaintiffs have responded in opposition to the motions. ) ) ) ) ) ) ) ) ) ) ) CIV-13-278-R ORDER This matter comes before the Court on five separate motions for summary judgment, filed by Defendant, Comanche County Facilities Authority (“the Authority”), a/k/a Comanche County Detention Center (“CCDC”), addressing the claims of the various Plaintiffs, all of whom were detained in the Comanche County Detention Center during 2011 and allege they were subjected to sexual assault at the hands of a jailer, Lamont Rainwater, or other inmates with the cooperation of Rainwater. COMANCHE COUNTY FACILITIES AUTHORITY, a/k/a COMANCHE COUNTY DETENTION CENTER, d/b/a COMANCHE COUNTY JAIL, Defendant. 218 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA NATASHA BLUEBERRY, et al., Plaintiffs, v. Comanche County Facilities Authority et al Doc.
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