Local Rule LBR 7056-1: Summary Judgment

LBR 7056-1. Summary Judgment

(a) Motion Requirements. A motion for summary judgment must be accompanied by a supporting memorandum and separate concise statement detailing each material fact as to which the moving party contends is undisputed and essential for the court's determination of the motion.

(b) Focus of the Concise Statement. The separate concise statement shall assert only the material facts that are necessary for the court to determine the issues presented in the motion. Each factual assertion shall be a single sentence, followed by a citation to a particular affidavit, deposition, or other document that supports the assertion. Documents referenced in the concise statement may be filed in their entirety only if a party concludes that the full context would be helpful to the court. Each citation shall particularly identify the page and portion of the page of the document referenced. The document referred to shall have relevant portions highlighted or otherwise emphasized. The parties may extract and highlight the relevant portions of each referenced document but shall ensure that enough of a document is attached to put the matter in context. If a party determines that an entire deposition transcript should be submitted, the party should consider whether a miniscript would be preferable to a full-size transcript. If an entire miniscript is submitted, the index of terms appearing in the transcript must be included, if it exists. When multiple pages from a single document are submitted, the pages shall be grouped in a single exhibit.

(c) Length. The concise statement in support of or in opposition to a motion for summary judgment shall not exceed 5 pages, unless it contains no more than 1,500 words. When a concise statement is submitted pursuant to the foregoing word limit, the number of words shall be computed in accordance with LBR 9013-2, and the concise statement shall include the certificate provided for in that rule.

(d) Format. A separate concise statement may utilize a single-space format for the presentation of the facts and evidentiary support only when set out in parallel columns, but a column format is not required.

(e) Concise Statements: Opposition and Reply. Any party who opposes the motion shall file and serve with the opposing documents a separate document containing a single concise statement that admits or disputes each fact set forth in the movant's concise statement. The opposing party shall, if appropriate, admit in part and deny in part a fact asserted by the movant, stating specifically what is admitted and what is denied. The opposing party shall also assert, in a separate section of its concise statement, any additional facts the party believes the court should consider, set forth in the same manner as in the movant's concise statement, as described in subdivision (b) of this rule. If such additional facts are advanced in the opposing party's concise statement, the movant shall file, together with its reply brief, a further concise statement that responds only to those additional facts. The movant should proceed in the same manner if the opposing party offers such additional facts in support of a counter-motion for summary judgment under LBR 9013-1.

(f) Scope of Judicial Review. When resolving motions for summary judgment, the court shall have no independent duty to search and consider any part of the court record not otherwise referenced in the separate concise statements of the parties. Further, the court shall have no independent duty to review exhibits in their entirety, but rather will review only those portions of the exhibits specifically identified in the concise statements.

(g) Admission of Material Facts. For purposes of a motion for summary judgment, material facts set forth in the moving party's concise statement will be deemed admitted unless controverted by a separate concise statement of the opposing party.

(h) Declarations to be Attached to Concise Statement. Affidavits and Declarations. Affidavits or declarations setting forth facts and/or authenticating exhibits, as well as exhibits themselves, shall only be attached to the concise statement. Supplemental affidavits and declarations may only be submitted with leave of court.

(i) Summary Judgment to Nonmoving Party. If a party moves for summary judgment and the record establishes as a matter of law that another party is entitled to summary judgment against the movant, the court, in the court's discretion, may enter summary judgment against the movant after providing that party with oral or written notice and an opportunity to be heard.

(j) Filing Deadlines. A motion for summary judgment must be filed so as to be heard early enough so it is heard, after regular notice, not later than 28 days before the trial date. Deadlines for filing opposition statements and reply memoranda are governed by LBR 9013-1(c).