defendant at his dwelling house is the only effective means left after plaintiff attempts service by alternatives made available under Fed. R. Civ. P. 4(c)(2)(c)(i) and (ii), then defendants must attempt to create a viable alternative if they wish home addresses to remain confidential. See also Billy v. Ashland Oil, Inc., 102 F.R.D. 230 (W.D. Pa. 1984)
2. Plaintiff's May 22, 1985 Motion for Partial Summary Judgment.
Plaintiff's motion for partial summary judgment requests that the Department of Justice cease the illegal representation of all defendants. Without addressing the procedural deficiencies of the motion, the Court concludes that the basis for the motion is without merit and therefore will deny plaintiff's request. Plaintiff is obviously biased by his own foregone conclusion that the defendants have done something wrong and therefore it could not possibly be in the interest of the United States to defend them. There are many material issues of fact remaining as to defendants' culpability and clearly it is within the discretion of the Justice Department attorneys to decide whether to assert appropriate defenses for the named defendants. See McKinney v. Whitfield, C.A. No. 82-3016 (Dec. 5, 1984, D. D.C.).
3. Plaintiff's May 12, 1986 Motion For Partial Summary Judgment.
Plaintiff's May 12, 1986 motion for partial summary judgment not only lacks a statement of material facts not in dispute as required by Rule 108(h), it is unclear exactly why the motion was made. Plaintiff uses the motion to argue the same issues raised in other pleadings and then asserts that he believes "that (he has) met the requirement that (he) show that a misrepresentation of information has resulted from the defendants excising certain critical portions of documents". Plaintiff's Motion for Partial Summary Judgment (May 12, 1986) at 8. This Court agrees with defendants' conclusion that plaintiff has failed to identify what material has been "obliterated", that this is a material fact not in dispute, and what portions of the record support his assertions. Plaintiff must follow the procedures as set forth in Fed. R. Civ. P. 56 and the Local Rules 108(h) if he expects the Court to understand exactly what genuine issues of material facts he contends are not in dispute and thereby decide as a matter of law, his summary judgment motion. After reading plaintiff's motion and the opposition thereto, even if plaintiff were to cure the procedural deficiencies, there appear to be material issues of fact in dispute. If plaintiff believes that complying with the rules and supplementing the record would clearly show that no material issues of fact are in dispute then the Court will allow him to file papers accordingly. Plaintiff is on notice from this time forward that the Court will expect compliance with the rules if either party seeks the Court's consideration of any further motions for summary judgment.
4. Plaintiff's Notice of Addition of Defendants and Motion to Continue Previously Named Defendants.
Plaintiff moves to change the name of the current Postmaster General to that of Preston R. Tisch. The Court concedes that this change is warranted. Additionally, plaintiff moves to retain the names of Paul N. Carlin, Albert V. Casey and sue them in both their official and individual capacities. The Court will not deny plaintiff's motion on this point until plaintiff is given an opportunity to amend the complaint, as outlined in this memorandum, so that a more definite statement is provided on each defendant's involvement in whatever constitutional claim plaintiff may assert.
This Court will allow plaintiff ten (10) days to supplement the complaint or motions as set forth above. An order will then be issued on the pending motions unless the defendants believe a response is necessary. Additionally, after a review of the issues raised in this case and in another case filed by plaintiff against the Postmaster General in his official capacity, Civil Action No. 85-3156, the Court concludes that these cases should be consolidated from this time forward.
JOHN GARRETT PENN, United States District Judge
© 1992-2004 VersusLaw Inc.