Failure of the parties to heed the requirements of Federal Rule of Civil Procedure 56 and Local Rule 56.1 greatly complicates this court’s consideration of motions for summary judgment.  Because these motions are frequently important and helpful in avoiding unnecessary trials and in focusing and/or reducing the issues at trial, the court provides the following clarifications and refinements of Local Rule 56.1.

1. The parties' memoranda of law must comply with Local Rule 56.1(g). The memoranda “must cite directly to specific paragraphs in the Local Rule 56.1 statements or responses.” Local Rule 56.1(g). Direct citations to evidentiary material such as a deposition, affidavit, or exhibit are prohibited. All arguments must be located in the legal memoranda only (as opposed to the fact statements).
2. The paragraphs of a Local Rule 56.1(d) fact statement must be limited to actual facts; argument masquerading as fact will not be considered. All argument on factual and legal issues must be addressed in the legal memoranda. To avoid unnecessary disputes about “facts,” as opposed to the reasonable inferences to be drawn from them, the parties should refrain from including inferences in Local Rule 56.1(d) fact statements. The reasonableness of inferences to be drawn from the facts must be addressed in the legal memoranda, rather than by asserting them as “facts” in a Local Rule 56.1(d) fact statement.  “Loading up” a Local Rule 56.1(d) fact statement with inferences may cause the fact statement to be stricken.
3. “A response [to a fact statement] may not assert legal arguments except to make an objection, including objections based on admissibility, materiality, or absence of evidentiary support.”  Local Rule 56.1(e)(2).  Local Rule 56.1 does not contemplate speaking objections.  Legal argument in support of objections should be contained in the relevant memorandum of law.  No legal argument should be contained in a Local Rule 56.1(e) response to a fact statement.  If the responding party does not dispute a fact, but rather the inference to be drawn therefrom, the fact should be listed as admitted, and the inference should be argued in a memorandum of law.
4. All citations to affidavits, declarations, deposition transcripts, and other evidentiary materials must be specific as to the paragraph or page and line whenever possible.  See Local Rule 56.1(d)(2) and (e)(3). Avoid ambiguous citations to exhibits.  For instance, if two depositions of the same person are in the summary judgment record, each citation should include the date of the deposition.  Similarly, if two affidavits of Jane Smith are on file, include the affidavit’s date in each citation to the “Aff. of J. Smith.” A citation to an email message should include the date and time of the message.

The Court strongly encourages all filings to include hyperlinks to any cases or docket entries referred to.  If possible, the Court prefers hyperlinks to exhibits as well but recognizes that this may entail more time and expense.  To the extent possible, the Court prefers any citation to exhibits, cases, and docket entries to be hyperlinked.

For directions on how to include hyperlinks in filings visit: http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf