(a) Notice of Dispositive Motion. Any party who intends to file a motion for
summary judgment, or any other dispositive motion, must file and serve notice of
intention to file a dispositive motion within 14 days following the close of the discovery
period.
(b) Filing of Dispositive Motions. All dispositive motions and supporting
briefs must be filed and served within 30 days following the close of the discovery
period, subject to the terms of any LR 5.5 Order.
(c) Limitations of Length of Briefs. The word and page limitations for briefs
on all motions, established by LR 7.3(d), apply to summary judgment briefs. Principal
briefs prepared on computers must not exceed 6,250 words in the manner specified in LR
7.3(d), and reply briefs prepared by computer must not exceed 3,125 words in the manner
specified in LR 7.3(d). Briefs prepared on a typewriter or by hand in support of motions
and responsive briefs shall not exceed 20 pages, and reply briefs are limited to 10 pages. .
(d) Form of Briefs -- Summary Judgment Motion by Claimant. A party
requesting summary judgment on its claim shall set out a statement of the nature of the
matter before the Court, a statement of facts, and a statement of the questions presented
as provided in LR 7.2(a)(1)-(3). The party shall also set out the elements that it must
prove (with citations to supporting authority), and the specific, authenticated facts
existing in the record or set forth in accompanying affidavits that would be sufficient to
support a jury finding of the existence of those elements.
In a responsive brief the opposing party may, within 30 days after service of the
summary judgment motion and brief, set out the statements required by LR 7.2(a)(1)-(3)
and also set out the elements that the claimant must prove (with citations to supporting
authority), and either identify any element as to which evidence is insufficient (and
explain why the evidence is insufficient), or point to specific, authenticated facts existing
in the record or set forth in accompanying affidavits that show a genuine issue of material
fact, or explain why some rule of law (e.g., an applicable statute of limitations) would
defeat the claim. The failure to file a response may cause the Court to find that the
motion is uncontested.
In a reply brief the claimant may, within 14 days of service of the response,
address matters newly raised in the response.
(e) Form of Briefs -- Summary Judgment Motion by Defending Party. A
party moving for summary judgment upon an opposing party's claim shall set out a
statement of the nature of the matter before the Court, a statement of facts, and a
statement of the questions presented as provided in LR 7.2(a)(1)-(3). The party shall also
set out the elements that the claimant must prove (with citations to supporting authority),
and explain why the evidence is insufficient to support a jury verdict on an element or
elements, or why some other rule of law would defeat the claim.
In a responsive brief the party having made the challenged claim may, within 30
days after service of the summary judgment motion and brief, file with the Court a
response that sets out the statements required by LR 7.2(a)(1)-(3) and also sets out the
elements that it must prove (with citations to supporting authority), and the specific,
authenticated facts existing in the record or set forth in accompanying affidavits that
would be sufficient to support a jury finding of the existence of the disputed elements.
The failure to file a response may cause the Court to find that the motion is uncontested.
In a reply brief the defending party may, within 14 days of service of the response,
address matters newly raised in the response.
(f) Summary Judgment Motions and Trial Dates. The pendency of
summary judgment motions will not serve to delay trial on the date set by the Court in
accordance with LR 40.1. If by the time set for trial, the Court has been unable to reach
any pending summary judgment motion, the case will nonetheless be reached according
to the trial calendar. The Court will rule on the motion at the outset of trial.
(g) Failure to Timely File Dispositive Motions. A dispositive motion which
is not noticed and filed within the prescribed time will not be reached by the Court prior
to trial unless the Court determines that its consideration will not cause delay to the
proceedings.
