(a) Moving Party. With each summary judgment motion filed under
Fed. R. Civ. P. 56, the moving party must serve and file—
(1) a supporting memorandum of law that complies with LR 56.1(g); and
(2) a statement of material facts that complies with LR 56.1(d) and that attaches
the cited evidentiary material.
(3) Failure to comply with LR 56.1(a)(1) or (a)(2) may be grounds for denial of the
motion.
(b) Opposing Party. Each party opposing a summary judgment motion shall serve
and file—
(1) a supporting memorandum of law that complies with LR 56.1(g);
(2) a response to the LR 56.1(a)(2) statement of material facts that complies with
LR 56.1(e) and that attaches any cited evidentiary material not attached to the
LR 56.1(a)(2) statement; and
(3) if the opposing party wishes to assert facts not set forth in the LR 56.1(a)(2)
statement or the LR 56.1(b)(2) response, a statement of additional material
facts that complies with LR 56.1(d) and that attaches any cited evidentiary
material not attached to the LR 56.1(a)(2) statement or LR 56.1(b)(2) response.
(c) Moving Party’s Reply. After an opposing party files its materials under
LR 56.1(b), the movant shall serve and file—
(1) a reply memorandum of law that complies with LR 56.1(g); and
(2) a response to the LR 56.1(b)(3) statement of additional material facts (if any)
that complies with LR 56.1(e) and that attaches any cited evidentiary material
not attached to the LR 56.1(a)(2) statement, the LR 56.1(b)(2) response, or the
LR 56.1(b)(3) statement. (Amended September 29, 2023)
(d) Statement of Material Facts.
(1) Form. Each LR 56.1(a)(2) statement of material facts and LR 56.1(b)(3)
statement of additional facts must consist of concise numbered paragraphs.
(2) Citations. Each asserted fact must be supported by citation to the specific
evidentiary material, including the specific page number, that supports it. The
court may disregard any asserted fact that is not supported with such a
citation.
(3) All evidentiary material identified in LR 56.1(a)(2) and LR 56.1(b)(3) citations
must be included as numbered exhibits with the statements of fact.
(4) LR 56.1(a)(2) statements of material facts and LR 56.1(b)(3) statements of
additional facts should not contain legal argument.
(5) A movant’s LR 56.1(a)(2) statement of material facts must not exceed 80
numbered paragraphs. An opposing party’s LR 56.1(b)(3) statement of
additional facts must not exceed 40 numbered paragraphs. A party must seek
the court’s permission before exceeding these limits.
(e) Response to Statement of Facts.
(1) Form. Each LR 56.1(b)(2) and LR 56.1(c)(2) response must consist of numbered
paragraphs corresponding to the numbered paragraphs in the LR 56.1(a)(2) or
LR 56.1(b)(3) statement, respectively, and must attach the evidentiary material
identified in LR 56.1(b)(2) and LR 56.1(c)(2), respectively. Each paragraph shall
set forth the text of the asserted fact (including its citations to the supporting
evidentiary material), and then shall set forth the response.
(2) Content. Each response must admit the asserted fact, dispute the asserted fact,
or admit in part and dispute in part the asserted fact. If the response admits in
part and disputes in part the asserted fact, it must specify which part of the
asserted fact is admitted and which part is disputed. A response may not set
forth any new facts, meaning facts that are not fairly responsive to the asserted
fact to which the response is made. A response may not assert legal arguments
except to make an objection, including objections based on admissibility,
materiality, or absence of evidentiary support. Motions to strike all or portions
of an opposing party’s LR 56.1 submission are disfavored. If a party contends
that its opponent has included objectionable or immaterial evidence or
argument in a LR 56.1 submission, the party’s argument that the offending
material should not be considered should be included in its response or reply
brief. In the event that the objection is overruled, the failure to admit or
dispute an asserted fact may constitute a waiver.
(3) Citations. To dispute an asserted fact, a party must cite specific evidentiary
material that controverts the fact and must concisely explain how the cited
material controverts the asserted fact. Asserted facts may be deemed admitted
if not controverted with specific citations to evidentiary material.
(f) Reply in Support of Statement of Facts. No reply to a LR 56.1(b)(2) or LR
56.1(c)(2) response is permitted without the court’s permission. The moving party
may use its reply memorandum of law to respond to an evidentiary or materiality
objection raised in a LR 56.1(b)(2) response. The opposing party must seek
permission from the court for a supplemental filing to respond to an evidentiary or
materiality objection raised in a LR 56.1(c)(2) response.
(g) Memorandum of Law. Each memorandum of law must set forth legal argument
in support of or opposition to summary judgment and may include a statement of
facts. When addressing facts, the memorandum must cite directly to specific
paragraphs in the LR 56.1 statements or responses.
Adopted April 20, 2006. Amended February 18, 2021
