Local Rule 7056-1: SUMMARY JUDGMENT

RULE 7056-1 SUMMARY JUDGMENT

(A) Timing: A motion for summary judgment must be filed in accordance with the deadline set forth in the pretrial or scheduling order in the case or proceeding. If not otherwise ordered, a party may file a motion for summary judgment at any time until 30 days before the initial date set for an evidentiary hearing on any issue for which summary judgment is sought.

(B) Hearing: Upon the filing of a motion for summary judgment, the Court will issue a hearing date unless the Court has ordered that the moving party must select the hearing date from the assigned Judge's hearing dates web page located on the Court's web site. The movant must file and serve notice of such hearing within 7 days of issuance of the date. If the movant fails to timely notice the hearing date, the hearing will not be convened, and the movant must file a written request for a new hearing date.

(C) Memorandum and Statement of Undisputed Material Facts: Unless the Court orders otherwise, a motion for summary judgment must be accompanied by a memorandum in support. The memorandum in support shall include a section entitled "Statement of Undisputed Material Facts" that lists, in numbered paragraphs, all material facts as to which the movant contends there is no genuine dispute with support as provided in Federal Rule of Civil Procedure 56(c)(1), as made applicable to bankruptcy proceedings by FRBP 7056. Any evidence cited that is not included in the Court's record must be attached to the memorandum as an exhibit.

(D) Response in Opposition: A response in opposition to a motion for summary judgment must be filed in accordance with the deadline set forth in the pretrial or scheduling order in the case or proceeding. If not ordered otherwise, a party may file a response in opposition to a motion for summary judgment not later than 14 days after service of the motion for summary judgment.

(E) Memorandum and Statement of Disputed Facts: Unless the Court orders otherwise, a response in opposition to a motion for summary judgment must be accompanied by a memorandum in support. The memorandum in support shall include a section entitled "Statement of Disputed Material Facts" that lists, in numbered paragraphs, the disputed facts that the party contends demonstrate a genuine issue of material fact precluding the entry of summary judgment with support as provided in Federal Rule of Civil Procedure 56(c)(1), as made applicable to bankruptcy proceedings by FRBP 7056. Any evidence cited that is not included in the Court's record must be attached to the memorandum as an exhibit.

(F) Objections to Inadmissible Evidence: If not ordered otherwise, any objections to the admissibility of material cited to support or dispute a fact must be filed no later than 3 days prior to the hearing scheduled on the motion.

(G) Reply and Surreply Briefs: Reply briefs must be filed in accordance with the deadline set forth in the pretrial or scheduling order in the case or proceeding. If not otherwise ordered, a party may file a reply brief no later than 7 days after service of a response in opposition under paragraph (D) of this Local Bankruptcy Rule. Surreply briefs may be filed if permitted by the pretrial or scheduling order entered by the Court in the case or proceeding.

(H) Notice: The notice of any motion seeking summary judgment shall conform substantially to Official Form 420A and, in addition, shall set forth the requirement for a response in substantially the following form, using bold print and capitalized text. The notice of any motion seeking summary judgment in which the non-moving party is pro se shall also include the bracketed text contained in the first full paragraph below:

NOTICE [INCLUDE ONLY IF AN OPPOSING PARTY IS PRO SE: A MOTION FOR SUMMARY JUDGMENT IS A REQUEST THAT ONE OR MORE ISSUES IN A CASE BE DECIDED WITHOUT HOLDING A TRIAL. MOTIONS FOR SUMMARY JUDGMENT ARE GOVERNED BY RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE. SUMMARY JUDGMENT MAY BE GRANTED IF (A) THE MATERIAL FACTS ARE NOT GENUINELY DISPUTED AND (B) BASED ON THOSE FACTS, THE PARTY ASKING FOR SUMMARY JUDGMENT IS ENTITLED TO JUDGMENT AS A MATTER OF LAW.]

IF YOU WISH TO OPPOSE THE MOTION, YOU MUST FILE WITH THE COURT AND SERVE ON THE OTHER PARTY A WRITTEN RESPONSE AND SUPPORTING MEMORANDUM PURSUANT TO LOCAL BANKRUPTCY RULE 7056-1(D) AND (E) NO LATER THAN [DEADLINE FOR RESPONSES UNDER SUBPARAGRAPH (D) OF THIS RULE]. UNLESS A WRITTEN RESPONSE IN OPPOSITION IS TIMELY FILED, THE COURT MAY DEEM ANY OPPOSITION WAIVED AND TREAT THE MOTION AS CONCEDED. FAILURE TO DISPUTE IN THE WRITTEN RESPONSE ANY FACT ASSERTED IN THE MOTION FOR SUMMARY JUDGMENT MAY RESULT IN THE COURT TREATING SUCH FACT AS UNDISPUTED.

IF YOU DISAGREE WITH ANY OF THE FACTS STATED BY THE OTHER PARTY, YOU MUST INCLUDE WITH YOUR RESPONSE SWORN STATEMENTS FROM YOURSELF OR OTHER KNOWLEDGEABLE WITNESSES SUPPORTING YOUR VERSION OF THE FACTS. A SWORN STATEMENT MAY TAKE THE FORM EITHER OF AN AFFIDAVIT OR A DECLARATION SIGNED UNDER PENALTY OF PERJURY. ANY DOCUMENTS YOU WANT THE COURT TO CONSIDER SHOULD BE IDENTIFIED IN, AND ATTACHED TO, THE SWORN STATEMENTS. IF YOU ARE UNABLE TO OBTAIN SWORN STATEMENTS SUPPORTING YOUR POSITION, YOU MUST FILE A SWORN STATEMENT STATING WHY YOU ARE UNABLE TO OBTAIN SUCH STATEMENTS AT THIS TIME.

A HEARING TO CONSIDER THE RELIEF REQUESTED IN THIS MOTION IS SCHEDULED FOR [HEARING DATE, TIME, AND LOCATION].

Comments LBR 7056-1 is new and provides a cross-reference to LBR 9013-1 (M)(3), which also is new. [New Rule effective 3/1/01.]

7056-1 The prior text of this rule is deleted and replaced with provisions specifically addressing the following aspects of summary judgment motions: timing of filing; scheduling hearings; memorandums in support; responses and memorandums in opposition; replies and surreplies; and the required notice. [Changes effective 08/01/23.]