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.
