Local Rule RULE 7056-2: MOTIONS FOR SUMMARY JUDGMENT -- OPPOSING PARTY

RULE 7056-2 MOTIONS FOR SUMMARY JUDGMENT -- OPPOSING PARTY A. Supporting Documents Required Each party opposing a motion for summary judgment under Rule 7056 of the Federal Rules of Bankruptcy Procedure must file and serve:

(1) a memorandum of law that complies with section (B) of this Rule; and

(2) a response to the movant's statement of material facts that complies with section (C) of this Rule.

B. Memorandum of Law The memorandum of law must contain a legal argument with citations to relevant legal authorities. References to facts must cite the specific paragraphs where the facts appear in the movant's statement of material facts under Rule 7056-1(C) or the opposing party's statement of additional facts under section (E) of this Rule.

C. Response to Movant's Statement of Facts

(1) Content The response to the movant's statement of facts must consist of numbered paragraphs corresponding to the numbered paragraphs in the movant's statement. Each paragraph of the response must set forth the text of the paragraph from the movant's statement (including its citations to supporting affidavits or other evidentiary material) and then set forth a concise response.

(2) Responses to Specific Facts

(a) The opposing party must respond to each asserted fact by:

(i) admitting the fact;

(ii) denying the fact;

(iii) denying that the cited evidence supports the fact asserted; or

(iv) objecting to the admissibility of the cited evidence under section (C)(5) of this Rule.

(b) A response must assert no new facts except facts directly responsive to the fact the movant has asserted. New facts should appear in a statement of additional material facts under section (E) of this Rule.

(c) A response must not contain legal argument except objections to admissibility under sections (C)(a)(iv) and (5) of this Rule.

(3) Evidence Supporting Denials If the opposing party responds to an asserted fact by denying it, the opposing party must cite to affidavits or other evidentiary material listed in Rule 56(c)(1)(A) of the Federal Rules of Civil Procedure supporting the denial and must attach the affidavits or other evidentiary material cited.

(4) Combination Responses If the opposing party responds to a paragraph in the movant's statement of material facts with a combination of responses under section (C)(2) of this Rule (e.g., admitting in part and denying in part), the opposing party must specify the facts to which each response applies (e.g., which fact is admitted and which is denied).

(5) Objections to Admissibility Objections to the admissibility of cited evidence must be made in the opposing party's response to the statement of facts and must include a developed legal argument with citations to relevant legal authorities.

D. Deemed Admissions A fact in the movant's statement is admitted if:

(1) the opposing party fails to deny the fact;

(2) the opposing party denies the fact but fails to cite or furnish affidavits or other evidentiary material supporting the denial;

(3) the opposing party denies the fact but cites and furnishes affidavits or other evidentiary material that do not support the denial; or

(4) the opposing party objects to the admissibility of cited evidence but fails to include a developed legal argument with citations to relevant legal authorities.

E. Statement of Additional Material Facts The opposing party may submit a statement of additional material facts that require the denial of summary judgment. The statement of additional material facts must comply with Rule 7056-1(C)(2).