Generally, summary judgment must be granted when there is no genuine
issue of material fact – that is, if there is no real dispute about any fact that
would affect the result of your case, the party who requested summary
judgment is entitled to judgment as a matter of law, which will end your
case. When a party you are suing makes a motion for summary judgment
that is properly supported by declarations or other sworn testimony, you
cannot simply rely on what your complaint says. Instead, you must set out
specific facts in the record, including depositions, documents, affidavits or
declarations, stipulations, admissions, interrogatory answers, or other
materials, as provided in Rule 56(c), or comply with Rule 56(d), to
contradict the facts shown in the other party’s declarations and documents
and show that there is a genuine issue of material fact for trial. If you do not
submit your own evidence in opposition, summary judgment, if appropriate,
may be entered against you. If summary judgment is granted, the court will
enter judgment against you and there will be no trial.
Additionally, LR56.1(e) requires that any party who opposes the
motion for summary judgment shall file and serve with his or her opposing
documents a separate document containing a single concise statement that
admits or disputes the facts set forth in the movant’s concise statement, as
well as sets forth all material facts as to which it is contended there exists a
genuine issue necessary to be litigated.
RULES PERTAINING TO CASES UNDER TITLE 11, UNITED STATES
CODE
