Summary Judgment Motions In Consent Cases

Although Rule 56, Federal Rules of Civil Procedure allows a party to file a motion for summary judgment at any time, and although the Supreme Court has stressed that motions for summary judgment are not disfavored, their indiscriminate use is discouraged. See Shadur, Trials or Tribulations (Rule 56 Style), 29 LITIGATION 5 (2003). Thus, prior to filing a motion for summary judgment, there should be careful and responsible assessment of whether there are genuine issues of material fact and whether the moving party is entitled to judgment as a matter of law.

If, after careful consideration, a party decides to file a motion for summary judgment, the motion must comply strictly with Rule 56, Federal Rules of Civil Procedure, and Local Rule 56.1. Failure to comply strictly with the Local Rules can have significant adverse consequences. See discussion in Loeffel Steel Products, Inc. v. Delta Brands, Inc., 379 F.Supp.2d 968, 986 (N.D.Ill. 2005).

A courtesy copy of the memorandum of law, depositions and other materials relied upon in support of the motion – as required by Local Rule 56.1(a)(1)-(3) – or in opposition to the motion – as required by Local Rule 56.1(b)(1)-(3) – must be delivered to chambers at the time the original is e-filed with the Clerk of the Court.

The courtesy copy must be securely bound and must separately tab, WITH PROTRUDING TABS AS REQUIRED BY LOCAL RULE 5.2, each document, and must contain an index identifying what document is contained under each tab. Noncompliance with this requirement will result in the document being stricken.

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(3), or statements of additional facts offered by the responding party under Local Rule 56.1(b)(3), must list the facts in short, numbered paragraphs that refrain from argument. Loeffel Steel Products, Inc. v. Delta Brands, Inc., 379 F.Supp.2d 968, 986 (N.D.Ill. 2005).

Argumentative presentations will not be considered and the opposing statement of fact will be deemed admitted.

Argument must be reserved for the supporting legal memoranda.. Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that properly support the fact statement, as well as to the tab(s) in the compendium where those materials may be found.

Failure to provide evidentiary support for a claimed statement of fact will result in that alleged "fact" being disregarded.

All responses to statements of undisputed material facts offered by the responding party under Local Rule 56.1(b)(3), or responses to statements of additional facts offered by the moving party under Local Rule 56.1(a), shall be in a format similar to that used in answering a complaint: the response must repeat each numbered paragraph of the fact statement, and then immediately following each numbered statement must state whether the alleged fact is "undisputed" or "disputed." Loeffel Steel Products, Inc. v. Delta Brands, Inc., 379 F.Supp.2d 968, 986 (N.D.Ill. 2005).

As with the fact statements submitted under Rule 56.1(a)(3) and 56.1(b)(3), the responses to those fact statements must refrain from argument. The significance or lack of significance of a disputed or undisputed fact may be argued in the respondent’s legal memorandum. If a particular fact is "undisputed," nothing more should be said in the response.

If a particular "factual" assertion is "disputed" in whole or in part, the response must state what part of the assertion is disputed and must contain a specific citation to the supporting affidavits, depositions or other materials as well as to the tab(s) in the compendium where those materials may be found.


Failure to provide support for an alleged fact dispute may result in that fact being deemed admitted. Loeffel Steel Products, Inc. v. Delta Brands, Inc., 379 F.Supp.2d 968, 986 (N.D.Ill. 2005).

Without leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party responding to a summary judgment motion shall not file more than 40 separately numbered statements of additional facts under Local Rule 56.1(b)(3)(B).

Fact statements under Local Rule 56.1(a)(3) and Local Rule 56.1(b)(3)(B) "shall consist of short numbered paragraphs."