(a) Statement of Material Facts: Any motion for summary judgment shall contain a
separate Statement of Material Facts. The Statement of Material Facts shall set forth, in
numbered paragraphs, a short and concise statement of each material fact about which the
moving party contends there exists no genuine issue. Each fact listed shall set forth a specific
citation to the record where the fact is established. The record for purposes of the Statement of
Material Facts includes the pleadings, depositions, answers to interrogatories, admissions, and
affidavits. It does not, however, include attorney’s affidavits. Failure of the moving party to
submit an accurate and complete Statement of Material Facts shall result in a denial of the
motion.
The moving party shall also advise pro se litigants about the consequences of their failure
to respond to a motion for summary judgment. See also L.R. 56.2. For the recommended
Notification of the Consequences of Failing to Respond to a Summary Judgment Motion, visit
the District’s webpage at Notification of Consequences.
(b) Response to Statement of Material Facts: The opposing party shall file a
separate Response to the Statement of Material Facts. The opposing party’s response shall
mirror the movant's Statement of Material Facts by admitting and/or denying each of the
movant’s assertions in a short and concise statement, in matching numbered paragraphs. Each
denial shall set forth a specific citation to the record where the factual issue arises. The Court
may deem admitted any properly supported facts set forth in the Statement of Material Facts that
the opposing party does not specifically controvert. In addition, the opposing party’s Response
may set forth any assertions that the opposing party contends are in dispute in a short and concise
Statement of Additional Material Facts in Dispute, containing separately numbered paragraphs,
followed by a specific citation to the record where the fact is established.
(c) Reply to Response to Statement of Material Facts: The moving party may file
a reply to the opposing party’s contended assertions in a separate Reply Statement and/or its
Reply Memorandum of Law.
