GEORGE Z. SINGAL, District Judge.
Before the Court is Plaintiff Craig Brown's Motion for Summary Judgment (ECF No. 293). For reasons explained herein, the Court DENIES Brown's Motion.
Generally, a party is entitled to summary judgment if, on the record before the Court, it appears "that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c)(2). "[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact."
The party moving for summary judgment must demonstrate an absence of evidence to support the nonmoving party's case.
Once the moving party has made this preliminary showing, the nonmoving party must "produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue."
In this District, Local Rule 56 provides an explicit procedure for queuing up the factual record in connection with a motion for summary judgment. Pro se plaintiffs are not as a rule excused from complying with District of Maine Local Rule 56.
Plaintiff Craig Brown and his neighbor, Defendant Michael Ferrara, own abutting lots in the Stonehurst Subdivision in Camden, Maine. For more than a decade, Brown and Ferrara have been involved in a boundary dispute concerning the extent of their respective lots. The dispute first boiled over on December 26, 2002, when Brown and Ferrara were involved in an altercation that resulted in Brown pleading guilty to disorderly conduct. Five months after the altercation, in May 2003, Ferrara erected a fence along the boundary line. Brown suspected that the fence was partially on his property, and he hired an attorney to advise him regarding the fence, but Brown was advised that the fence was located on Ferrara's property and Brown took no action at that time.
Nearly six years later, in February 2009, Brown cut down portions of the fence, believing that it was partially located on Brown's property. In response, Ferrara hired Nathaniel Beal, a licensed professional land surveyor, to conduct a real estate boundary survey of Ferrara's property. In late March 2009, after the survey was completed, a plan prepared by Beal was recorded in the Knox County Registry of Deeds. In addition, Ferrara filed suit in Maine Superior Court against Brown seeking a declaratory judgment concerning the location of the boundary line; damages for trespass; and recovery of attorney's fees, surveyor's fees, and punitive damages. (
In addition, the Knox County District Attorney's Office charged Brown with criminal mischief for cutting down portions of the fence. (
On December 20, 2010, soon after losing in Maine Superior Court, Brown filed this second federal case. The complaint named approximately twenty-one defendants and asserted approximately fifty-nine claims, ranging from an alleged conspiracy to violate Brown's civil rights, to a variety of common law tort claims, to RICO violations, all in connection with the determination of the boundary line between the Ferrara and Brown properties and the criminal and civil suits brought against Brown. As this case has progressed, various defendants have been dismissed and the only remaining defendants are Michael Ferrara, Nathaniel Beal, Jeff Nims, Camden police sergeant Jason Hall, and Camden Police Chief Phil Roberts. Moreover, prior orders of the Court have limited Brown's claims against the five remaining defendants. With regard to Nims, Hall, and Roberts (the "Camden Defendants"), the remaining claims against them are limited to Brown's post-2004, 42 U.S.C. § 1983 claims and related state law tort claims.
Brown claims that he is entitled to summary judgment against the remaining defendants on a wide variety of claims. His summary judgment motion states that with regard to the Camden Defendants and Beal, he will restrict his claims to post-December 2004 violations of 42 U.S.C. § 1983 and related state law tort claims, but his motion contradicts itself by pressing additional claims against the Camden Defendants and Beal. Furthermore, Brown's statement of material facts fails to comply with the Court's January 26, 2012 Procedural Order (ECF No. 227) requiring that Brown specify which statements are directed to which defendants, and his more than two hundred exhibits fail to comply with local rules because he has not placed exhibit stickers on filed exhibits. Most egregiously, Brown's statement of material facts consists largely of unsupported allegations. Following an exhaustive review of all exhibits and filings in this case, the Court concludes that Brown has utterly failed to show that there is no genuine issue of material fact as to allegations underlying his claim. Brown clearly is not entitled to judgment as a matter of law. Moreover, the Court has ruled in favor of the remaining Defendants on their respective motions for summary judgment. (
Finally, Defendant Ferrara asks that the Court sanction Brown for various violations of the Court's Orders, the Federal Rules of Civil Procedure, and ECF rules pertaining to exhibits. Brown has been warned previously that redundant filings, lengthy pleadings, and failure to follow established electronic filing procedures will result in the imposition of sanctions. Although it is a close call given the excessive and redundant filing of exhibits on the part of Brown, the Court declines to impose sanctions at this time.
For the reasons stated herein, Plaintiff's Motion for Summary Judgment (ECF No. 293) is DENIED.
SO ORDERED.