Local Rule LR 56: SUMMARY JUDGMENT

LR 56 SUMMARY JUDGMENT a. Moving Party's Documents. When moving for summary judgment pursuant to Federal Rule of Civil Procedure 56, the moving party must file contemporaneously all of the following:

1. A motion for summary judgment stating concisely, under separate argument headings, each of the grounds for the motion;

2. A brief that conforms with the requirements of Local Rule 7(d), filed as an electronic attachment to the motion under the same docket entry;

3. A statement of material facts setting forth each material fact as to which the moving party contends there is no genuine issue to be tried, filed as an electronic attachment to the motion under the same docket entry; and 4. An appendix that conforms with the requirements of section (e) of this rule, filed as an electronic attachment to the motion under the same docket entry.

Each individual statement of material fact must be concise, numbered separately, and supported by references to those specific pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, admissions, exhibits, and affidavits that support the statement, with citations to the appendix.

b. Resisting Party's Documents. A party resisting a motion for summary judgment must, within 21 days after service of the motion, file contemporaneously all of the following:

1. A brief that conforms with the requirements of Local Rule 7(e) in which the resisting party responds to each of the grounds asserted in the motion for summary judgment;

2. A response to the statement of material facts in which the resisting party expressly admits, denies, or qualifies each of the moving party's numbered statements of fact, filed as an electronic attachment to the brief under the same docket entry;

3. A statement of additional material facts that the resisting party contends precludes summary judgment, filed as an electronic attachment to the brief under the same docket entry; and 4. An appendix that conforms with the requirements of section (e) of this rule, filed as an electronic attachment to the brief under the same docket entry.

A response to an individual statement of material fact that is not expressly admitted must be supported by references to those specific pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, admissions, exhibits, and affidavits that support the resisting party's refusal to admit the statement, with citations to the appendix containing that part of the record. The failure to respond to an individual statement of material fact, with appropriate appendix citations, may constitute an admission of that fact.

Each individual statement of additional material fact must be concise, numbered separately, and supported by references to those specific pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, admissions, exhibits, and affidavits that support the statement, with citations to the appendix containing that part of the record.

c. Unresisted Motion. If no timely resistance to a motion for summary judgment is filed, the motion may be granted without prior notice from the court. If a party does not intend to resist a motion for summary judgment, the party is encouraged to file a statement indicating the motion will not be resisted.

d. Reply to Resisting Party's Documents. The moving party must, within 7 days after service of the resisting party's statement of additional facts, file a reply in which the moving party expressly admits, denies, or qualifies each of the resisting party's numbered statements of additional facts. A reply to an individual statement of additional material fact that is not expressly admitted must be supported by references to those specific pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, admissions, exhibits, and affidavits that support the moving party's refusal to admit the statement, with citations to the appendix containing that part of the record. The failure to reply to an individual statement of material fact with appropriate appendix citations may constitute an admission of that fact.

If any additional pleadings, depositions, answers to interrogatories, admissions, exhibits, or affidavits are relied upon in the moving party's reply to the resisting party's statements of additional facts or in the moving party's reply brief, then the moving party must file a supplemental appendix that conforms with the requirements of section (e) of this rule, filed as an electronic attachment to the reply brief under the same docket entry.

e. Appendices. All references to supporting documents in a brief, a statement of material fact, or a resistance or reply to a statement of material fact must be to a specific page number in an appendix. The moving party's appendix must include those pages, paragraphs, or parts of the pleadings, depositions, answers to interrogatories, admissions, exhibits, and affidavits upon which the moving party relies in the motion for summary judgment and the supporting documents. The resisting party's appendix must include those parts of the pleadings, depositions, answers to interrogatories, admissions, exhibits, and affidavits not already included in the moving party's appendix upon which the resisting party relies in resisting the motion. The moving party's supplemental appendix must include any additional materials upon which the moving party relies in replying to the resistance that have not already been included either in the moving party's appendix or in the resisting party's appendix. A document included in an appendix must be authenticated properly, by affidavit or in some other lawful manner, or it may not be considered by the court in ruling on a motion for summary judgment.

All appendices must be preceded by a table of contents, and must be numbered consecutively at the bottom center or bottom right-hand corner of each page, but the original pagination of any matter, such as transcripts or multi-page documents, also must appear. Only those portions of materials necessary for a determination of the motion are to be included in an appendix.

A deposition excerpt reproduced in an appendix must be prefaced by the deposition cover page and must indicate the identity of the questioner and whether the excerpt is from direct examination, cross-examination, or redirect examination.

f. Paper Copy of Summary Judgment Documents. If a motion, resistance, or reply, together with the appendix and any other supporting filings, totals more than 100 pages in length and is filed electronically, within 7 days after the document is filed, the filer must deliver to the Clerk of Court, for use by the presiding judge, a paper copy of the motion, resistance, or reply, together with the appendix and any other supporting filings, reproduced on one side of the page, bound or fastened at the left margin, and tabbed to facilitate ready reference. (See LR 10(c)(3)).

g. Fed. R. Civ. P. 56(d) Continuance. A request for relief pursuant to Federal Rule of Civil Procedure 56(d) must be made by separate motion, filed within 14 days after service of the motion for summary judgment, and supported by affidavits or declarations, as required by Federal Rule of Civil Procedure 56(d).

h. Actions for Judicial Review Based on Administrative Record. Ordinarily, motions for summary judgment are not appropriate in actions for judicial review based on an administrative record, such as Social Security benefits cases or claim-review cases brought under the Employee Retirement Income Security Act of 1974.