(A) Generally. Motions for summary judgment shall be filed in accordance with the
provisions of Fed. R. Civ. P. 56, except that no date for a hearing shall be set until
after the party opposing the motion has had twenty-one (21) days after service of the
motion or a responsive pleading is due, whichever is later, in which to file a
responsive pleading. In accordance with LR 7.1(C), the parties shall not be permitted
CV - 58
to file supplemental briefs and materials, with the exception of a reply by the movant,
except upon order of the Court.
(B) Form of Motion.
(1) A movant for summary judgment shall include with the motion and brief
a separate, concise, numbered statement of the material facts to which the movant
contends there is no genuine issue to be tried. Each material fact must be numbered
separately and supported by a citation to evidence proving such fact. The Court will
not consider any fact: (a) not supported by a citation to evidence (including page or
paragraph number); (b) supported by a citation to a pleading rather than to evidence;
(c) stated as an issue or legal conclusion; or (d) set out only in the brief and not in the
movant’s statement of undisputed facts.
(2) A respondent to a summary judgment motion shall include the following
documents with the responsive brief:
(a) A response to the movant’s statement of undisputed facts.
(1) This response shall contain individually numbered, concise,
nonargumentative responses corresponding to each of the movant’s
numbered undisputed material facts.
(2) This Court will deem each of the movant’s facts as
admitted unless the respondent: (i) directly refutes the movant’s fact with
concise responses supported by specific citations to evidence (including
page or paragraph number); (ii) states a valid objection to the
admissibility of the movant’s fact; or (iii) points out that the movant’s
citation does not support the movant’s fact or that the movant’s fact is
not material or otherwise has failed to comply with the provisions set out
in LR 56.1(B)(1).
(3) The Court will deem the movant’s citations supportive of
its facts unless the respondent specifically informs the Court to the
contrary in the response.
(4) The response that a party has insufficient knowledge to
admit or deny is not an acceptable response unless the party has
complied with the provisions of Fed. R. Civ. P. 56(d).
CV - 59
(b) A statement of additional facts which the respondent contends are
material and present a genuine issue for trial. Such separate statement of
material facts must meet the requirements set out in LR 56.1(B)(1).
(3) If respondent provides a statement of additional material facts, then,
within the time allowed for filing a reply, the movant shall file a response to each of
the respondent’s facts. The range of acceptable responses is limited to: (a) an
objection to the admissibility of the evidence upon which the respondent relies, (b) an
objection pointing out that the respondent’s evidence does not support the
respondent’s fact; (c) an objection on the ground that the respondent’s fact is not
material or does not otherwise comply with the provisions set out in LR 56.1(B)(1),
and (d) a concession that the Court can properly consider the respondent’s evidence
for purposes of the summary judgment motion.
(C) Exhibits. The parties must file as exhibits to their briefs the originals of any
affidavits relied upon in their motion and response papers, and copies of those excerpts
of depositions or other discovery materials that are referenced therein. In addition,
when a portion of a deposition is referenced and submitted, then the party in custody
of the original of that deposition shall cause the entire deposition to be filed with the
Court. LR 26.3(B)(1).
(D) Time. Motions for summary judgment shall be filed as soon as possible, but,
unless otherwise ordered by the Court, not later than thirty (30) days after the close of
discovery, as established by the expiration of the original or extended discovery period
or by written notice of all counsel, filed with the Court, indicating that discovery was
completed earlier.
