Local Rule 7056. SUMMARY JUDGMENT

(a) Motions. Each motion for summary judgment must be accompanied by a separately filed "Statement of Undisputed Facts" which must specify each of the material facts relied upon in support of the motion, and which cites to the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission or other document relied upon to establish that fact. The moving party must file as an exhibit to the statement all of the evidentiary documents that are cited in the moving papers.

(b) Stipulated Facts. All parties in interest may jointly file a stipulation setting forth a statement of stipulated facts to which all parties in interest agree. As to any stipulated facts, the parties so stipulating may state that their stipulations are entered into only for the purposes of the motion for summary judgment and are not intended to be otherwise binding.

(c) Opposition. Any party opposing a motion for summary judgment must reproduce the itemized facts in the statement of undisputed facts and admit those facts which are undisputed and deny those which are disputed, including with each denial a citation to the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission or other document relied upon in support of that denial. The opposing party may also file a separate concise statement of disputed facts, and the source thereof in the record, of all additional material facts as to which there is a genuine issue precluding summary judgment. The opposing party must file as an exhibit to its statement all evidentiary documents that are cited in the opposing papers. If a need for discovery is asserted as a basis for denial of the motion, the party opposing the motion must provide a description of the particular facts on which discovery is to be had or the issues on which discovery is necessary.

Unless the court orders otherwise, an opposing party has twenty-one (21) days after service of the moving party's points and authorities to file and serve a memorandum of points and authorities in opposition to the motion.

(d) Reply memorandum. Unless the court orders otherwise, the moving party has fourteen (14) days after service of the opposition to file and serve a reply memorandum of points and authorities. Unless otherwise ordered, there is no reply to a countermotion under subsection (e)(1).

(e) Countermotion.

(1) A countermotion for summary judgment that relates to the same claim or partial claim may be filed against the movant(s) within the time allowed for the opposition to the motion for summary judgment.

(2) Any party seeking summary judgment on a different claim or part of a claim, or against a non-movant, must notice the motion in accordance with subsection (f)(1) and may not, without the consent of the moving party, the party against who judgment is sought, and the court, set it on the date set in the first motion for summary judgment. If the movant does not consent, the counter movant may seek an order shortening time in accordance with LR 9006.

(f) Hearings on motions for summary judgment.

(1) The party moving for summary judgment must obtain a hearing date from the clerk for hearing the motion. Unless the court shortens the time for hearing, the date will not be less than forty-two (42) days from the date the motion was filed.

(2) Unless the court orders otherwise, the countermotion filed under subsection (e)(1) will be heard at the same time as the original motion.