Motions for summary judgment, responses, and replies must comply with Local Rule 56.1, as well as this standing order.

Parties are required to file a joint statement of undisputed material facts that the parties agree are not in dispute. All statements of undisputed material facts and their responses must be filed separately from the memoranda of law and must include the line, paragraph, or page number where the supporting material may be found in the record. If the nonmoving party wholly refuses to join in the joint statement of undisputed material facts, the moving party will be permitted to file the motion for summary judgment accompanied by a separate declaration of counsel explaining why a joint statement was not filed.

The Local Rules are not 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. See LR 56.1(a)(3).

Motions to strike are disfavored. See LR 56.1(e)(2). Only on 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 promptly after the filing of the purportedly offending brief or statement. If a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a LR 56.1 statement, the party should raise its objection in its response or reply brief, not in a motion to strike. See LR 56.1(e)(2), (g).

In complex cases, the Court might request that the parties submit a supplemental chart or organizational aid to summarize the material facts.

Parties submitting deposition testimony in support of or in opposition to summary judgment must provide the Court with the entire transcript of the deposition. The transcript must begin with a cover sheet stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in the pending litigation.

Parties must include a table of contents for any exhibits. Text-based exhibits must be searchable.

• A response to an asserted fact must controvert the fact, not introduce additional facts. Additional facts in a response will be ignored, see LR 56.1(e)(1)–(3);
• Parties should not raise facts in LR 56.1 statements that are immaterial or irrelevant to the legal issues presented on summary judgment;
• LR 56.1 statements and responses should be concise and in short, numbered paragraphs that address a single fact—multiple facts should not be asserted in the same paragraph;
• Parties must include specific references to the record (i.e., pincites, not blanket citations to an entire document or transcript), see LR 56.1(d)(2);
• Inferences and credibility arguments should not be asserted in LR 56.1 statements;
• One way—but by no means the only way—to organize LR 56.1 statements is to include section headers identifying the legal element that the facts are intended to address; and
• Electronically filed documents and exhibits should be text searchable.

If you are representing yourself, please refer to Local Rule 56.2 - Notice to Pro Se Litigants Opposing Summary Judgment.