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B-7056-1. SUMMARY JUDGMENT PROCEDURE

(a)   Movant’s Obligations

A party seeking summary judgment shall file and serve a supporting brief and any affidavits and other materials referred to in Fed.R.Civ.P. 56(c)(1) that the movant relies on to support the motion. The supporting brief shall be no more than 35 pages, unless the Court orders otherwise. The brief shall include a section labeled “Statement of Material Facts Not in Dispute” that lists the facts:

(1)     that are potentially determinative of the motion; and

(2)     as to which the movant contends no genuine issue exists.

(b)   Non-Movant’s Obligations

A party opposing a summary judgment motion shall, within 28 days after the movant serves the motion, file and serve a response brief and any affidavits and other materials referred to in Fed.R.Civ.P. 56(c)(1) that the party relies on to oppose the motion. The response brief shall be no more than 35 pages, unless the Court orders otherwise. The response shall include a section labeled “Statement of Material Facts in Dispute” that identifies the potentially determinative facts that the party contends demonstrate a dispute of fact precluding summary judgment.

(c)   Reply

The movant may file and serve a reply brief within 14 days after a response is served. The reply brief shall be no more than 20 pages, unless the Court orders otherwise.

(d)   Surreply

A party opposing a summary judgment motion may file a surreply brief only if the movant cites new evidence in the reply or objects to the admissibility of the evidence cited in the response. The surreply shall be filed and served within 7 days after the movant serves the reply and shall be limited to the new evidence and objections.

(e)   Citations to Supporting Facts

A party shall support each fact asserted in a brief with a citation to a discovery response, a deposition, an affidavit, or other admissible evidence. The evidence shall be in the record or in an appendix to the brief. The citation shall refer to a page or paragraph number or otherwise specify where the relevant information can be found in the supporting evidence.

(f)   Oral Argument or Hearing

The Court may decide a summary judgment motion without oral argument or hearing unless a party has requested a hearing.

(g)   Notice Requirement for Pro Se Cases

A party seeking summary judgment against an unrepresented party shall serve that party with a notice that:

(1)     briefly and plainly states that a fact stated in the movant's Statement of Material Facts and supported by admissible evidence will be accepted by the court as true unless the opposing party cites specific admissible evidence contradicting that statement of material fact; and

(2)     sets forth the full text of Fed.R.Civ.P. 56 and this rule.

(h)   Compliance

The Court may, in the interest of justice or for good cause, excuse failure to comply with this rule.