(a) Statements of Facts on Motion for Summary Judgment.
(1) Movant’s Statement. Upon any motion for summary judgment pursuant to Fed.
R. Civ. P. 56, there shall be annexed to the notice of motion a separate, short, and
concise statement, in numbered paragraphs, of the material facts as to which the
moving party contends there is no genuine issue to be tried. Each such statement
must be followed by citation to admissible evidence or to evidence that can be
presented in admissible form at trial as required by Fed. R. Civ. P. 56(c)(1)(A).
Citations shall identify with specificity the relevant page and paragraph or line
number of the evidence cited. Failure to submit a statement in compliance with
this Rule may constitute grounds for denial of the motion. This paragraph shall
not apply to cases in which judicial review is based solely on the administrative
record. In such cases, motions for summary judgment and oppositions thereto shall
include a statement of facts with references to the administrative record.
(2) Opposing Statement. A party opposing a motion for summary judgment shall
include a response to each numbered paragraph in the moving party’s statement,
in correspondingly numbered paragraphs. Each numbered paragraph in the
moving party’s statement of material facts may be deemed admitted for purposes
of the motion unless it is specifically controverted by correspondingly numbered
paragraphs in such opposing statement with citation to admissible evidence or to
evidence that can be presented in admissible form at trial as required by Fed. R.
Civ. P. 56(c)(1)(A). In addition, when appropriate, the opposing party’s statement
may also contain a short and concise statement, in numbered paragraphs, of
additional material facts (i) as to which the opposing party contends there is no
genuine issue to be tried; and/or (ii) that the opposing party contends are in
dispute.
(3) Responding Statement. If the opposing party’s statement contains additional
material facts as to which the opposing party contends there is no genuine issue to
be tried, each such numbered paragraph in the opposing statement may be deemed
admitted for purposes of the motion unless it is specifically controverted by the
moving party in correspondingly numbered paragraphs in a responding statement,
which shall include citation to admissible evidence or to evidence that can be
presented in admissible form at trial as required by Fed. R. Civ. P. 56(c)(1)(A). The
moving party may respond to the opposing party’s statement of additional material
facts as to which it is contended there exists a genuine issue to be tried in a
responding statement and/or in its reply memorandum of law.
(4) Appendix. All cited evidence, such as affidavits, relevant deposition testimony,
responses to discovery requests, or other documents, that has not otherwise been
filed in conjunction with the motion shall be filed as an appendix to the statement
of facts prescribed by subsections (1) or (2), supra, in conformity with Fed. R. Civ.
P. 56(c)(1)(A), and denominated “Plaintiff’s/Defendant’s Appendix to Local Rule
56 Statement of Material Facts.”
(b) Notice to Pro Se Litigants. Any party moving for summary judgment against a pro se
litigant shall file and serve with the motion papers a “Notice to Pro Se Litigant Regarding
Rule 56 Motion For Summary Judgment” in the form provided by the Court. Failure to
file and serve the form notice may result in denial of the motion, without prejudice to
proper renewal. Where the pro se party is not the plaintiff, the movant shall amend the
form notice as necessary to reflect that fact.
