Summary Judgment Motions
Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b), as well as the procedures outlined herein. All statements of undisputed material facts and their responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.
The Local Rules are not mere technicalities. Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment.
If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a Local Rule 56.1 submission, the party typically should raise its argument that the Court should not consider such material in the party’s response or reply brief and not in a separate motion to strike.
Motions to strike are strongly disfavored. Only on very rare occasions is a motion to strike appropriate, such as when an entire brief or 56.1 statement is defective. When it is appropriate, the motion must be made very promptly after the filing of the purportedly-offending brief or statement.
The movant shall not file more than 80 statements of undisputed material facts without prior leave of the Court. The respondent shall be limited to 40 statements of undisputed material facts without prior leave of the Court. In complex cases, the Court might request that the parties submit a timeline of events in addition to the statements of undisputed material facts.
If you are representing yourself, please refer to Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment.