Local Rule RULE 7056-1: SUMMARY JUDGMENT

RULE 7056-1 . SUMMARY JUDGMENT D. Mass. LR 56.17 is adopted and made applicable to proceedings in the Bankruptcy Court.

(a) A party that files a motion for summary judgment shall either (i) file a separate concise statement of the material facts of record as to which the moving party contends there is no genuine issue to be tried ("Statement of Undisputed Facts"), setting forth each allegation in a numbered paragraph, with page references to affidavits, depositions, and other supporting documentation, or (ii) include a separate section entitled Statement of Undisputed Facts in the motion or memorandum in support of the motion that satisfies those requirements. Failure to file or include a Statement of Undisputed Facts may constitute grounds for denial of the motion.

(b) Motions for summary judgment or memoranda in support thereof shall include citations with page references to affidavits, depositions, and other supporting documentation set forth in the Statement of Undisputed Facts.

(c) Unless the Court orders otherwise, oppositions to motions for summary judgment must be filed within 21 days after the motion is served. A party opposing the motion shall file separately or include in a separate section in the response a statement admitting or denying each numbered paragraph of the Statement of Undisputed Facts filed by the moving party. The party shall restate each numbered paragraph of the Statement of Undisputed Facts immediately before the statement admitting or denying that numbered paragraph. For material facts of record that have been denied as to which the opposing party contends there exists a genuine issue to be tried, the opposing party shall include page references to affidavits, depositions, and other supporting documentation supporting that contention.

(d) Within 21 days after the motion is served, the opposing party may also request entry of summary judgment in that party's favor on the issues raised in the motion. The party may separately file a Statement of Undisputed Facts stating additional material facts of record as to which the opposing party contends there is no genuine issue to be tried, with page references to affidavits, depositions, and other documentation, or include that Statement of Undisputed Facts in a separate section of the cross-motion for summary judgment. This Rule does not extend any deadline set for the filing of motions for summary judgment on any other claims asserted in a contested matter or adversary proceeding not raised in the original motion.

(e) The original moving party shall file any response to such additional Statement of Undisputed Facts within 14 days with page references to affidavits, depositions, and other documentation in the same manner as proscribed by subsection (c) above.

(f) Unless the Court orders otherwise, the party seeking summary judgment may file a reply within 14 days after the response is served by the opposing party.

(g) For purposes of considering whether summary judgment should enter, the Court may deem material facts of record set forth in the Statement of Undisputed Facts required by this Rule to be admitted unless expressly controverted by the statement required to be served by opposing parties with citations to the record.

(h) Copies of all referenced documentation shall be filed as exhibits to any Statement of Undisputed Facts and any response. The Court may assume the authenticity of an exhibit unless a party objects to the authenticity in a responsive pleading or, in a reply filed under subsection (f) of this Rule, within 14 days of the filing of an exhibit.