Local Rule 7056-1: Motions for Summary Judgment or Partial Summary Judgment

LOCAL RULE 7056-1 Motions for Summary Judgment or Partial Summary Judgment

(a) Motions for Summary Judgment or Partial Summary Judgment. Unless a different amount of time is required by order of the Court, the party moving for summary judgment or partial summary judgment shall file and serve the motion at least forty-two (42) days prior to the hearing date. Each motion for summary judgment or partial summary judgment shall be accompanied by a "Statement of Undisputed Facts" which shall enumerate discretely each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon to establish that fact. The moving party shall be responsible for the filing with the Court of all evidentiary documents cited in the moving papers.

(b) Opposition. Unless a different amount of time is required by order of the Court, any party opposing a motion for summary judgment or motion for partial summary judgment shall file and serve opposition at least twenty-one (21) days prior to the date or continued date of the hearing. Any party opposing a motion for summary judgment or partial judgment shall reproduce the itemized facts in the Statement of Undisputed Facts and admit those facts which are undisputed and deny those which are disputed, including with each denial a citation to the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon in support of that denial. The opposing party may also file a concise "Statement of Disputed Facts," and the source thereof in the record, of all additional material facts as to which there is a genuine issue precluding summary judgment or adjudication. The opposing party shall be responsible for the filing with the Court of all evidentiary documents cited in the opposing papers. If a need for discovery is asserted as a basis for denial of the motion, the party opposing the motion shall provide a specification of the particular facts on which discovery is to be had or the issues on which discovery is necessary.

(c) Reply. Unless a different amount of time is required by order of the Court, a moving party wishing to reply to any opposition must file and serve its reply at least fourteen (14) days prior to the date or continued date of the hearing.

(d) Stipulated Facts. All parties in interest may jointly file a stipulation setting forth a statement of stipulated facts to which all parties in interest agree. As to any stipulated facts, the parties so stipulating may state that their stipulations are entered into only for the purposes of the motion for summary judgment and are not intended to be otherwise binding.

(e) Partial Summary Judgment. This Rule shall apply to motions for orders specifying material facts that appear without substantial controversy pursuant to Fed. R. Civ. P. 56(d), except that the proposed "Statement of Undisputed Facts" and the "Statement of Disputed Facts" shall be limited to the facts which the moving party asserts are without substantial controversy and the facts the opposing party contends are in dispute.

(f) Evidentiary Objections. Respondent shall file and serve written objections to movant's evidence not later than the date specified in subdivision (b) of this rule. Movant shall file and serve written objections to respondent's evidence not later than the date specified in subdivision (c) of this rule. Failure to object to the opposing party's evidence by the date and in the manner described herein may be deemed a waiver of the objection. The objection shall be in a separate document and shall (1) state with particularity, including citation to the record, e.g., Jones decl. ¶ 3, October 10, 2016, ECF #78, the evidence to which objection is made; (2) identify which of the opposing party's undisputed facts are supported by the evidence to which objection is made, e.g., Plaintiff's Separate Statement of Undisputed Facts #s 1 & 4; and (3) the basis for the objection, e.g., Fed. R. Evid. 802 (hearsay).