⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
UNITED STATES DISTRICT COURT LED
WESTERN DISTRICT OF TEXAS
EL PASO DIVISION
HONORABLE DAVID C. GUADERRAMA § ALL CIVIL CASES
STANDING ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT
This Standing Order vacates and supersedes the Court’s previous “Standing Order Regarding
Motions for Summary Judgment,” entered on May 15, 2012.
A. Motions for Summary Judgment
(1) No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56,
regardless of whether such motion is denominated as a partial motion for summary
judgment or summary adjudication, without leave from the Court.
(2) Parties need not wait until the motion cutoff to bring motions for summary judgment or
partial summary judgment. Moreover, the Court expects that the party moving for
summary judgment will strictly observe the timing requirements of the Local Rules and
this Standing Order.
Moyant’s Proposed Undisputed Facts
(3) There shall be annexed to a motion for summary judgment a document entitled
“Proposed Undisputed Facts,” which sets forth in separately numbered paragraphs a
concise statement of each material fact as to which the moving party contends there is no
genuine issue to be tried. All material facts set forth in said statement will be deemed
admitted unless controverted by the statement required to be filed and served by the
opposing party in accordance with Section A(5) of this Standing Order.
(4) The Proposed Undisputed Facts shall be prepared in a two-column format. The left
column shall set forth the allegedly undisputed fact. The right column shall set forth the
evidence that supports the factual statement. The factual statements should be set forth in
sequentially numbered paragraphs. Each paragraph should contain a narrowly focused
statement of fact. Each numbered paragraph should address a single subject as concisely
as possible.
Example for Movant:
PROPOSED UNDISPUTED FACTS EVIDENCE
1. Moving party’s first proposed Citation to evidence in support of the
undisputed fact. first proposed undisputed fact.
2. Moving party’s second proposed Citation to evidence in support of the
undisputed fact. second proposed undisputed fact.
Non-Movant’s Response to Proposed Undisputed Facts
(5) There shall be annexed to a response to a motion for summary judgment a document
”
entitled “Response to Proposed Undisputed Facts.” The opposing party’s Response to
Proposed Undisputed Facts must be prepared in a three-column format, and track the
movant’s Proposed Undisputed Facts exactly as prepared by that party. The first column
must restate the allegedly undisputed fact verbatim. The second column must state
whether each numbered fact in the first column is undisputed or disputed. If a proposed
undisputed fact is disputed, the third column must cite evidence supporting the assertion
that there is a genuine issue for trial regarding the proposed undisputed fact, or provide a
specific evidentiary objection to the evidence on which the movant relies in support of
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the proposed undisputed fact. The opposing party may dispute all or only a portion of
each statement in the first column, but if disputing only a portion, the opposing party
must clearly indicate in the second column what part is being disputed, followed by the
opposing party’s evidence or objection in the third column controverting the proposed
undisputed fact. The Court will not wade through a document to determine whether a
fact really is in dispute. To demonstrate that a fact is disputed, the opposing party must
(1) in the second column, briefly state why it disputes the moving party’s asserted fact,
and (2) in the third column, cite to the relevant exhibit or other piece of evidence, and
describe what it is in that exhibit or evidence that refutes the asserted fact, or provide an
evidentiary objection to the movant’s evidence. No legal argument should be set forth in
the Response to Proposed Undisputed Facts.
Example for Non—Movant:
PROPOSED UNDISPUTED | UNDISPUTED or | CONTROVERTING
FACTS DISPUTED EVIDENCE (if disputed)
1. Identical to moving party’s first | Undisputed or Citation to evidence and
proposed undisputed fact. Disputed (if brief statement explaining
disputed, what how/why cited evidence
exactly is disputed | refutes the asserted fact
and why). and/or specific
evidentiary objection to
movant’s evidence cited in
support of asserted fact.
2. Identical to moving party’s Undisputed or Citation to evidence and
second proposed undisputed Disputed (if brief statement explaining
fact. disputed, what how/why cited evidence
exactly is disputed | refutes the asserted fact
and why). and/or specific
evidentiary objection to
movant’s evidence cited in
support of asserted fact.
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(6) The opposing party may submit additional material facts that bear on or relate to the
issues raised by the movant, which shall follow the format described above in Section
A(4) for the moving party’s Proposed Undisputed Facts. These additional facts shall
continue in sequentially numbered paragraphs and shall set forth in the second column
the evidence that supports that statement. There is no third column in this section.
Movant’s Reply to Response to Proposed Undisputed Facts
(7) If the movant disputes any additional facts submitted by the opposing party in its
Response to Proposed Undisputed Facts as described in Section A(6) above, the movant
may dispute those additional facts in a document entitled “Reply to Response to Proposed
Undisputed Facts.” If filed, that document shall be annexed to the movant’s Reply in
support of the motion for summary judgment and it shall follow the same three-column
format described in Section A(5) above, with the exception that the Reply to Response to
Proposed Undisputed Facts shall be limited to the new additional facts submitted by the
opposition party. This document shall not introduce additional material facts.
(8) No party shall submit more evidence than necessary to support or controvert a proposed
undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory
responses, and documents that do not specifically support or controvert material in the
Proposed Undisputed Facts shall not be submitted in support of or in opposition to a
motion for summary judgment. The Court will not consider such material.
(9) Evidence submitted in support of or in opposition to a motion shall be submitted either by
way of stipulation or as exhibits to declarations sufficient to authenticate it.
(10) If a party disputes a fact based in whole or in part on an evidentiary objection, the
ground for the objection should be specifically stated. Do not submit blanket or
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boilerplate objections to the opponent’s proposed undisputed fact; the boilerplate
objections will be overruled and disregarded.
(11) Pursuant to Federal Rules of Civil Procedure 56(c)(3) and 56(e), counsel and pro se
parties are hereby notified that failure to provide specific citations to evidence in the
record, as required by this Standing Order and Federal Rule of Civil Procedure 56(c)(1),
may result in an order granting or denying the motion for summary judgment when the
party fails to comply.
(12) The Proposed Undisputed Facts and the Response to Proposed Undisputed Facts
referred to above shall be filed and served along with the motion (and supporting papers)
required by Local Court Rule CV-S and Federal Rule of Civil Procedure 5.
. Notice to Pro Se Litigants Regarding Summary Judgment
Any represented party moving for summary judgment against a party proceeding pro se shall
file and serve, as a separate document, in the form set forth below, a “Notice to Pro Se
Litigant Opposing Motion for Summary Judgment as Required by Standing Order Governing
Motions for Summary Judgment.” If the pro se party is not a plaintiff, or if the case is to be
tried to the Court rather than to a jury, the movant will modify the notice accordingly. The
movant shall attach to the notice copies of the full text of Federal Rule of Civil Procedure 56
and of this Standing Order.
. Effective Date
This Standing Order applies to all summary judgment motions filed after July 22, 2015.
So ORDERED and SIGNED this #2 WA oy off July, 2015.
BAVID C. GUADERRAMA
UNITED STATES DISTRICT JUDGE
Notice to Pro Se Litigant Opposing Motion For Summary Judgment As Required by
Standing Order Governing Motions for Summary Judgment
The purpose of this notice, which is required by the Court, is to notify you that the
defendant has filed a motion for summary judgment asking the Court to dismiss all or some of
your claims without a trial. The defendant argues that there is no nced for a trial with regard to
these claims because no reasonable jury could return a verdict in your favor. THE
DEFENDANT’S MOTION MAY BE GRANTED AND YOUR CLAIMS MAY BE
DISMISSED WITHOUT FURTHER NOTICE IF YOU DO NOT FILE PAPERS AS
REQUIRED BY FEDERAL RULE OF CIVIL PROCEDURE 56 AND THIS COURT’S
STANDING ORDER GOVERNING MOTIONS FOR SUMMARY JUDGMENT. COPIES OF
THESE RULES ARE ATTACHED TO THIS NOTICE, AND YOU SHOULD REVIEW THEM
VERY CAREFULLY.
The papers you file must show that (1) you disagree with the defendant’s version of the
facts; (2) you have evidence contradicting the defendant’s version; and (3) the evidence you rely
on, if believed by a jury, would be sufficient 1o support a verdict in your favor. To make this
showing, you must submit competent summary judgment evidence disputing the defendant's
version of the facts. Such evidence may include affidavits or unswom declarations that comply
with 28 U.S.C. § 1746. An affidavit is a sworn statement by an affiant that the facts contained in
the affidavit are true to the best of the affiant’s knowledge and belief. To be considered by the
Court, an affidavit must be signed and sworn to in the presence of a notary public or other person
authorized to administer oaths. Alternatively, you may submit unsworn declarations. However,
pursuant to 28 U.S.C. § 1746, the unswom declaration must contain the following sentence at the
end of the declaration:
“| declare under penalty of perjury that the foregoing is true and correct,
Executed on [date]. [Signature].”
In addition to affidavits and declarations, you may also file deposition transcripts, responses to
discovery requests, and other admissible evidence that support your claims.
If you fail to submit evidence contradicting the defendant’s version of the facts, your
claims may be dismissed without further notice. It is therefore very important that you read the
defendant’s motion, memorandum of law, affidavits, and other evidentiary materials to see if you
agree or disagree with the defendant’s version of the relevant facts. It is also very important that
you review the enclosed copy of Standing Order Governing Motions for Summary Judgment
carefully. This Standing Order provides detailed instructions concerning the papers you must
file in opposition to the defendant’s motion, including how you must respond to specific facts the
defendant claims are undisputed, see (a)(2), and how you must support your claims with specific
references to evidence, see (a)(3). If you fail to follow these instructions, the defendant's motion
may be granted. You must file your response papers with the Clerk of the Court and mail a copy
to the defendant’s counsel within fourteen (14) days of the filing of the defendant’s motion with
the Clerk of the Court.
