(a) Motion Requirements.
A motion for summary judgment shall be accompanied by a supporting
memorandum and a separate concise statement detailing each material fact that the
movant contends is undisputed and essential for the court’s determination of the
motion. The motion shall be heard on the schedule set forth in LR7.2, as permitted
by Fed. R. Civ. P. 56.
(b) Focus of the Concise Statement.
The separate concise statement shall assert only the material facts that are
necessary for the court to determine the issues presented in the motion. Each
factual assertion shall be a single sentence, followed by a citation to a particular
affidavit, deposition, or other document that supports the assertion. Documents
referenced in the concise statement may be filed in their entirety only if a party
concludes that the full context would be helpful to the court. Each citation shall
particularly identify the page and portion of the page of the document referenced.
The document referred to shall have relevant portions highlighted or otherwise
emphasized. The parties may extract and highlight the relevant portions of each
referenced document but shall ensure that enough of a document is attached to put
the matter in context. If a party determines that an entire deposition transcript
should be submitted, the party should consider whether a miniscript would be
preferable to a full-size transcript. If an entire miniscript is submitted, the index of
terms appearing in the transcript must be included, if it exists. When multiple
pages from a single document are submitted, the pages shall be grouped in a single
exhibit.
(c) Length.
The concise statement in support of or in opposition to a motion for
summary judgment shall not exceed five (5) pages, unless it contains no more than
1,500 words. When a concise statement is submitted pursuant to the foregoing
word limit, the number of words shall be computed in accordance with LR7.4(d),
and the concise statement shall include the certificate provided for in LR7.4(e).
(d) Format.
A separate concise statement may utilize a single-space format for the
presentation of the facts and evidentiary support only when set out in parallel
columns, but a column format is not required.
(e) Concise Statements: Opposition and Reply.
Any party who opposes the motion shall file and serve with the opposing
documents a separate document containing a single concise statement that admits
or disputes each fact set forth in the movant’s concise statement. The opposing
party shall, if appropriate, admit in part and deny in part a fact asserted by the
movant, stating specifically what is admitted and what is denied. The opposing
party shall also assert, in a separate section of its concise statement, any additional
facts the party believes the court should consider, set forth in the same manner as
in the movant’s concise statement, as described in LR56.1(b). If such additional
facts are advanced in the opposing party’s concise statement, the movant shall file,
together with its reply brief, a further concise statement that responds only to those
additional facts. The movant should proceed in the same manner if the opposing
party offers such additional facts in support of a counter-motion for summary
judgment under LR7.7.
(f) Scope of Judicial Review.
When resolving motions for summary judgment, the court shall have no
independent duty to search and consider any part of the court record not otherwise
referenced in the separate concise statements of the parties. Further, the court shall
have no independent duty to review exhibits in their entirety, but rather will review
only those portions of the exhibits specifically identified in the concise statements.
(g) Admission of Material Facts.
For purposes of a motion for summary judgment, material facts set forth in
the movant’s concise statement will be deemed admitted unless controverted by a
separate concise statement of the opposing party.
(h) Affidavits and Declarations.
Affidavits or declarations setting forth facts and/or authenticating exhibits,
as well as exhibits themselves, shall only be attached to the concise statement.
Supplemental affidavits and declarations may only be submitted with leave of
court.
(i) Summary Judgment to Nonmoving Party.
If a party moves for summary judgment and the record establishes as a
matter of law that another party is entitled to summary judgment against the
movant, the court, in the court’s discretion, may enter summary judgment against
the movant after providing that party with oral or written notice and an opportunity
to be heard.
(j) Filing and Service Deadlines.
The opposition to any motion for summary judgment and any reply in
support of a motion for summary judgment shall be due on the schedule set forth in
