Local Rule Rule 56.1: Summary Judgment Motions

Rule 56.1. Summary Judgment Motions The following procedures govern motions for summary judgment filed pursuant to Federal Rule of Civil Procedure 56.

(a) Documents Filed by Movant. In addition to the documents authorized by LRCi 7.1, a party moving for summary judgment shall file a separate statement of the material facts about which the movant contends there is no genuine issue. Each fact shall be separately stated without argument and serially numbered. Each fact shall be supported by specific citation to the record. The movant shall affix to the statement copies of the precise portions of the record relied upon as evidence of each material fact. Statements of Material Fact shall be filed as a separate document (not an attachment) on the Court's Electronic Filing System, with evidentiary support filed as exhibits to the Statement of Material Facts.

(b) Documents Filed by Respondent. Any party adverse to a motion filed under this rule may file, in addition to the documents authorized by LRCi 7.1,

(1) a response to the movant's statement of material facts about which the movant contends there is no genuine issue.

(i) The respondent must address the facts upon which the movant has relied pursuant to subsection (a), using the corresponding serial numbering and respond to the fact with (i) the word "undisputed"; (ii) the phrase "undisputed for the purpose of ruling on the motion for summary judgment only"; or (iii) the word "disputed." If the fact is disputed the respondent shall affix to the response copies of, and cite to, the precise portions of the record relied upon as evidence of each disputed material fact. In addition to, or in lieu of, responding with either of the three above phrases, the respondent may also state "objection, inadmissible" and cite, without argument, the appropriate rule or court decision that supports the objection. Any explanation as to why the cited portion of the record is disputed or inadmissible and how it relates to the argument for or against summary judgment shall appear in the Respondent's response to the motion and not in the response to the movant's statement of material facts.

Failure to comply with this rule may result in having the fact at issue found to be undisputed for summary judgment purposes.

(ii) If the respondent believes the movant has incorporated more than one material fact in an individually numbered statement and it needs to respond to each such fact separately, it may break the statement into subparts (e.g. 5(a) and 5(b)) and respond as set forth above to each subpart. A response shall not incorporate by reference any other response.

(iii) The response to the movant's statement of material facts shall be filed as a separate document on the Court's Electronic Filing System, with evidentiary support filed as exhibits to same. It should be linked to the movant's statement of material facts.

(2) a concise statement of any additional facts, serially numbered, which the respondent contends are material to the motion for summary judgment and as to which the respondent contends demonstrates there is a genuine issue to be tried. The statement of additional facts shall be filed as a separate document on the Court's Electronic Filing System, with evidentiary support filed as exhibits to same.

(c) Reply by Movant. In addition to the documents authorized by LRCi 7.1, if a respondent has proffered a statement of additional facts as provided in subsection (b)(2), the moving party shall respond to these additional facts by filing a reply to the statement in the manner and form specified in subsection (b)(1). Any explanation as to why the cited portion of the record is disputed or inadmissible and how it relates to the argument for or against summary judgment shall appear in the Movant's reply to the response and not in the reply statement to the respondent's statement of additional material facts.

(d) Effect of Failure to Respond. Failure to respond to a movant's statement of material facts, or a respondent's statement of additional facts, as provided by these Rules may result in a finding that the asserted facts are not disputed for the purposes of summary judgment.