Effective June 1, 2006

LR 56 SUMMARY JUDGMENT (See Fed. R. Civ. P. 56)

LR 56.1 Motion for Summary Judgment (See Fed. R. Civ. P. 56)

(a) Motion Requirements

A motion for summary judgment must be accompanied by the following two separately filed documents:

(1) Memorandum in Support: The supporting memorandum must address applicable law and explain why there are no genuine issues of material fact to be tried.

(2) Concise Statement of Material Facts: A separately filed concise statement must articulate the undisputed relevant material facts that are essential for the Court to decide only the motion for summary judgment – not the entire case (See also LR 56.1(c) for formatting and citation instructions)

(b) Opposition and Reply Requirements

(1) Opposition to a motion for summary judgment must include a separately filed response to the separate concise statement that responds to each numbered paragraph of the moving party’s facts by:

(A) Accepting or denying each fact contained in the moving party’s concise statement; or

(B) Articulating opposition to the moving party’s contention or interpretation of the undisputed material fact.

(2) After responding to the movant’s numbered paragraphs, the responding party may then articulate other relevant material facts which are at issue or are otherwise necessary for the Court to determine the motion for summary judgment.

(3) In the same manner as set forth in LR 56.1(b)(1), the moving party shall reply to the responding party's additional facts.

(c) Concise Statement: (See Appendix of Forms #17).

(1) Facts shall be stated in separately numbered paragraphs. A party must cite to a particular affidavit, deposition, or other document (indicating both page and line number references where appropriate) supporting the party’s statement, acceptance, or denial of the material fact.

(2) A party may reference only the material facts which are necessary for the Court to determine the limited issues presented in the motion for summary judgment and no others.

(3) Documents referenced in the separate concise statement shall not be filed in their entirety. Instead, the filing party must extract and highlight only the relevant portions of each referenced document. Photocopies of extracted pages, with appropriate identification and highlighting will be adequate.

(d) Page Limitations

Unless approved by the Court in advance, neither the concise statement nor any response or reply thereto, may be longer than five (5) pages. Statements in excess of that amount may be stricken by the Court with direction to counsel to further condense the statement.

(e) Scope of Judicial Review

Except as otherwise required by law, when resolving a motion for summary judgment, the Court has no independent duty to search and consider any part of the court record not otherwise referenced in the separate concise statements of the parties.

(f) Admission of Material Facts

For purposes of a motion for summary judgment, material facts set forth in the concise statement of the moving party, or in the response to the moving party's concise statement, will be deemed admitted unless specifically denied or otherwise controverted by a separate concise statement of the opposing party.