Local Rule 7056-1: SUMMARY JUDGMENT

RULE 7056-1. SUMMARY JUDGMENT.

(a) Summary Judgment Motions.

(1) Statement of Undisputed Facts and Memorandum of Law. A motion for summary judgment must be accompanied by a separate, short, and concise statement of undisputed material facts and a memorandum of law in support of the motion. Failure to file either may result in denial of the motion.

(2) Opposition; Statement of Disputed Facts; Memorandum of law. A party opposing a motion for summary judgment must file a response no more than 21 days after the motion is served, and must simultaneously file (1) a separate, short, and concise statement of disputed material facts which identifies and controverts specific statements in the movant's statement of undisputed material facts, and (2) a memorandum of law in support of respondent's position.

(3) Facts Admitted. The respondent is deemed to have admitted all facts in the movant's statement of undisputed material facts which the respondent does not controvert in their statement of disputed material facts.

(4) Time for Filing. Summary judgment motions must be filed by the date specified in the scheduling order.

(5) Reply. The movant may file a reply with a memorandum of law within seven days of the date the response is filed. The reply should assume the Court's familiarity with the movant's initial memorandum of law and the opposition's response. The reply should address only points raised in the response.

(b) Consideration and Ruling by the Court.

(1) Parties who want the Court to consider portions of the record in connection with a motion for summary judgment must make specific reference to those portions of the record. To expedite a decision or for other good cause, and on notice to all parties, the Court may rule on a motion for summary judgment before the expiration of the 21-day period ordinarily permitted for the filing of opposition papers.

(2) The parties to a motion for summary judgment must specify in each pleading whether they request oral argument. After the final deadline for filing documents has passed, the Clerk will notify the parties whether the Court will require oral argument.

(c) Special Notice Required to Pro Se Litigants. If a party names and serves a motion for summary judgment on a pro se litigant, that party must also simultaneously serve the litigant with (1) a special notice designed to inform that litigant of the potential consequences of not responding to the movant's motion, and (2) a copy of Rule 56 of the Federal Rules of Civil Procedure. See Local Form T (Notice to Pro Se Litigant to be Served with Motion for Summary Judgment).