IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

OLIVER C. HICKS PLAINTIFF

V. NO. 4:23-CV-242-DMB-JMV

STATE FARM FIRE AND CASUALTY COMPANY; J.W. WEBB; and JOHN DOES 1-3 DEFENDANTS

ORDER

On December 15, 2025, Oliver C. Hicks filed (1) an amended motion for partial summary judgment, Doc. #238; (2) an amended memorandum in support of his amended motion for partial summary judgment, Doc. #239; and (3) “Plaintiff’s Amended Itemization of Undisputed Facts,” Doc. #240. Neither this Court’s Local Rules nor the Federal Rules of Civil Procedure contemplate or authorize the filing of a separate itemization of undisputed facts. L.U. Civ. R. 7(b)(4); Lewis v. City of Southaven, No. 3:23-cv-336,

, at *1 (N.D. Miss. Feb. 14, 2024); Automation Design & Sols., Inc. v. Yeliseyev, No. 3:08-cv-589,

, at *4 (S.D. Miss. Feb. 29, 2012). Such filings provide an avenue for circumventing the page limits imposed by the Local Rules. See Landrum v. Conseco Life Ins. Co., No. 1:12-cv-5,

, at *15 (S.D. Miss. Nov. 13, 2013) (statement of facts in motion deemed attempt to circumvent page limits). Because the substance of Hicks’ amended itemization of undisputed facts should have been incorporated in his amended memorandum, the amended itemization of undisputed facts [240] is STRICKEN and Hicks’ December 15 amended motion for partial summary judgment [238] is DENIED without prejudice. No later than December 22, 2025, Hicks may refile his motion for partial summary judgment and his memorandum in accordance with the Local Rules. If refiled, the motion for partial summary judgment and memorandum shall not include any new basis for summary judgment, any new or different exhibits, or any new legal argument or authorities. SO ORDERED, this 15th day of December, 2025.

/s/Debra M. Brown UNITED STATES DISTRICT JUDGE