Local Rule Rule 56.1: Motions for Summary Judgment

Rule 56.1 Motions for Summary Judgment

(a) Statement of Material Facts on Motion for Summary Judgment.

(1) Movant's Statement. Any motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 shall be supported by a separate statement, in numbered paragraphs, of the material facts as to which the movant contends there is no genuine dispute.

(2) Opposing Statement. The memorandum opposing a motion for summary judgment shall be supported by a separate statement that includes a response to each numbered paragraph in the movant's statement in correspondingly numbered paragraphs and, if necessary, additional paragraphs containing a statement of additional material facts as to which the opposing party contends there is a genuine dispute. Each numbered paragraph in the movant's statement of material facts will be deemed admitted for purposes of the motion unless it is specifically controverted by a correspondingly numbered paragraph in the opposing statement.

(3) Reply Statement. When a party opposing summary judgment submits a statement of additional material facts as to which it contends there is a genuine dispute, the movant may submit a reply statement of additional facts limited to the additional facts referenced in the statement submitted by the party opposing summary judgment.

(4) Citations. Each statement by the movant or opponent pursuant to this Local Civil Rule must be followed by citation to evidence that would be admissible, as required by Federal Rule of Civil Procedure 56(c). Citations shall identify with specificity the relevant page and paragraph or line number of the evidence cited.

(5) Appendix. All evidence cited in moving or opposing statements, such as affidavits, relevant deposition testimony, responses to discovery requests, or other documents, shall be filed as an appendix to the statement of facts prescribed by subsections (a)(1) or (2) of this rule and denominated "Plaintiff's/Defendant's Appendix to Local Civil Rule 56.1 Statement of Material Facts."

(b) Exceptional Cases.

Where a party believes that compliance with this Local Civil Rule will be exceptionally burdensome or is otherwise inappropriate, the party may include a request for modification of or exemption from its requirements as part of the Rule 26(f) report to the court or by separate motion.

(c) Cross-referencing.

Memoranda in support of or in opposition to a motion for summary judgment as required by Local Civil Rule 7.1 or 7.2 may cross-reference or cite to the statement and appendix prescribed by this Local Civil Rule without repeating the contents thereof.