A. Application. The procedures that follow shall govern all motions for
summary judgment made in civil actions unless the Court, on its own motion,
directs otherwise, based on the particular facts and circumstances of the
individual action.
B. Motion Requirements. The motion for summary judgment must set forth
succinctly, but without argument, the specific grounds upon which the judgment
is sought and must be accompanied by the following:
1. A Concise Statement of Material Facts. A separately filed concise
statement setting forth the facts essential for the Court to decide the
motion for summary judgment, which the moving party contends are
undisputed and material, including any facts which for purposes of the
summary judgment motion only are assumed to be true. The facts set
forth in any party's Concise Statement shall be stated in separately
numbered paragraphs. A party must cite to a particular pleading,
deposition, answer to interrogatory, admission on file or other part of the
record supporting the party's statement, acceptance, or denial of the
material fact;
2. Memorandum in Support. The supporting memorandum must
address applicable law and explain why there are no genuine issues of
material fact to be tried and why the moving party is entitled to judgment
as a matter of law; and
3. Appendix. Documents referenced in the Concise Statement shall be
included in an appendix. Such documents need not be filed in their
entirety. Instead, the filing party may extract and highlight the relevant
portions of each referenced document. Photocopies of extracted pages,
with appropriate identification and highlighting, will be adequate.
C. Opposition Requirements. Within 30 days of service of the motion for
summary judgment, the opposing party shall file:
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
1. A Responsive Concise Statement. A separately filed concise
statement, which responds to each numbered paragraph in the moving
party's Concise Statement of Material Facts by:
a. admitting or denying whether each fact contained in the moving
party's Concise Statement of Material Facts is undisputed and/or
material;
b. setting forth the basis for the denial if any fact contained in the
moving party's Concise Statement of Material Facts is not admitted
in its entirety (as to whether it is undisputed or material), with
appropriate reference to the record (See LCvR 56.B.1 for
instructions regarding format and annotation); and
c. setting forth in separately numbered paragraphs any other
material facts that are allegedly at issue, and/or that the opposing
party asserts are necessary for the Court to determine the motion
for summary judgment;
2. Memorandum in Opposition. The memorandum of law in opposition
to the motion for summary judgment must address applicable law and
explain why there are genuine issues of material fact to be tried and/or
why the moving party is not entitled to judgment as a matter of law; and
3. Appendix. Documents referenced in the Responsive Concise
Statement shall be included in an appendix. (See LCvR 56.B.3 for
instructions regarding the appendix).
D. Moving Party's Reply to Opposing Party's Submission. Within 14 days of
service of the opposing party's submission in opposition to the motion for
summary judgment, the moving party may reply to the opposing party's
submission in the same manner as set forth in LCvR 56.C.
E. Admission of Material Facts. Alleged material facts set forth in the moving
party's Concise Statement of Material Facts or in the opposing party's
Responsive Concise Statement, which are claimed to be undisputed, will for the
purpose of deciding the motion for summary judgment be deemed admitted
unless specifically denied or otherwise controverted by a separate concise
statement of the opposing party.
