P.A.G.E. Reports on Rupp Lawsuit Against City of Pocatello

05/30/23 UPDATE RE: RUPP LAWSUIT

A Motion For Reconsideration was filed on 05/26/23 which has been scheduled for a hearing on 07/24/23 at 2:30 p.m.

This motion is in response to the following:

In a 05/24/23 Memorandum Decision and Order, the matter was dismissed.

The ruling to dismiss was the result of two determinations:

(1) ” . . . the materials submitted by the Plaintiffs in opposition to summary judgment are hereby stricken from consideration per Rule 56(b)(2), and this Court will not consider late-file documents in ruling on summary judgment.” (pg.9- Memorandum Decision and Order)

(2) “Because this Court declined to consider the answering brief and opposing materials as untimely, the Plaintiffs have not submitted any reliable evidentiary material that would meet the requirements of Rule 56. Thus, due to the lack of any affidavits or other evidentiary material that is properly before this Court for consideration, the Plaintiffs have failed to meet their burden, and summary judgment in favor of the Defendants is warranted. (pg. 11 – Memorandum Decision and Order)