MOTIONS FOR SUMMARY JUDGMENT OR
SUMMARY ADJUDICATION
(a) Motions for Summary Judgment or Summary Adjudication. Each
motion for summary judgment or summary adjudication shall be accompanied by a
"Statement of Undisputed Facts" that shall enumerate discretely each of the specific
material facts relied upon in support of the motion and cite the particular portions of any
pleading, affidavit, deposition, interrogatory answer, admission, or other document relied
upon to establish that fact. The moving party shall be responsible for the filing of all
evidentiary documents cited in the moving papers. See L.R. 133(j).
(b) Opposition. Any party opposing a motion for summary judgment or
summary adjudication shall reproduce the itemized facts in the Statement of Undisputed
Facts and admit those facts that are undisputed and deny those that are disputed,
including with each denial a citation to the particular portions of any pleading, affidavit,
deposition, interrogatory answer, admission, or other document relied upon in support of
that denial. The opposing party may also file a concise "Statement of Disputed Facts,"
and the source thereof in the record, of all additional material facts as to which there is a
genuine issue precluding summary judgment or adjudication. The opposing party shall
be responsible for the filing of all evidentiary documents cited in the opposing papers.
See L.R. 133(j). If a need for discovery is asserted as a basis for denial of the motion,
the party opposing the motion shall provide a specification of the particular facts on which
discovery is to be had or the issues on which discovery is necessary.
(c) Stipulated Facts. All interested parties may jointly file a stipulation setting
forth a statement of stipulated facts to which all interested parties agree. As to any
stipulated facts, the parties so stipulating may state that their stipulations are entered into
only for the purposes of the motion for summary judgment and are not intended to be
otherwise binding.
(d) Use of Affidavits. See Fed. R. Civ. P. 56(e); L.R. 142.
(e) Use of Depositions. See L.R. 133(j), 250.1.
(f) Summary Adjudication. This Rule shall apply to motions for orders
specifying material facts that appear without substantial controversy pursuant to Fed. R.
Civ. P. 56(d), except that the proposed "Statement of Undisputed Facts" and the
"Statement of Disputed Facts" shall be limited to the facts that the moving party asserts
are without substantial controversy and the facts the opposing party contends are in
dispute.
RULE 261
(Fed. R. Civ. P. 6, Fed R. Civ. P. 16, Fed. R. Civ. P. 78, 5 U.S.C. §§ 551–559)
PROCEDURE IN ACTIONS FOR REVIEW ON AN ADMINISTRATIVE RECORD
IN NON-SOCIAL SECURITY CASES
In actions, other than Social Security actions, which require the Court to review an
administrative record, the following deadlines shall apply unless otherwise ordered.
(a) Administrative Record. The defendant shall file the certified
administrative record within 45 days of the filing of an Answer to the complaint.
(b) Motion. Within 45 days of service of the certified administrative record,
plaintiff shall file a motion for summary judgment and any motion to supplement the
administrative record. For administrative record cases, the parties need not file a
statement of undisputed facts or a statement of disputed facts under Local Rule 260(a)
or 260(b).
(c) Opposition and Cross-Motion. Within 45 days after the filing of the
plaintiff’s motion(s) under (b), the defendant shall file any opposition and cross-motion for
summary judgment.
(d) Reply and Opposition. Within 15 days after the filing of the defendant’s
opposition and cross-motion, the plaintiff may file a reply and any opposition to the
defendant’s cross-motion.
(e) Cross-Motion Reply. Within 15 days after the filing of the plaintiff’s
opposition to the defendant’s cross-motion, the defendant may file a reply in support of
its cross-motion for summary judgment.
(f) Submitted without Hearing. Unless the Court orders otherwise, the
matter will be deemed submitted for decision under Local Rule 230(g) on the day after
the last brief is due under this Rule.
