New Local Federal Rule For Summary Judgment Motions

Publication Source: New York Law Journal

The Local Rules of the U.S. District Court for both the Southern and Eastern Districts of New York have long required the parties on a motion for summary judgment to submit separate statements identifying material facts as to which there is any genuine issue to be tried or no such issues to be tried. See current Local Rule 56.1. The Board of Judges of both the eastern and southern districts of New York have now amended Local Civil Rule 56.1 explicitly to require the moving statement to contain numbered paragraphs setting forth each alleged material fact for which there are no genuine issues, and the non-moving party to submit a counter-statement with corresponding numbered paragraphs. The new rule will go into effect this Friday, March 26. As discussed below, counsel should be careful to follow the new rule to avoid potentially drastic consequences.

The full text of the rule as amended is as follows:

Local Civil Rule 56.1. Statements of Material Facts on Motion for Summary Judgment

(a) Upon any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried. Failure to submit such a statement may constitute grounds for denial of the motion.

(b) The papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.

(c) Each numbered paragraph in the statement of material facts required to be served by the moving party will be deemed to be admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party.

(d) Each statement by the movant or opponent pursuant to Rule 56.1(a) and (b), including each statement controverting any statement of material fact, must be followed by citation to evidence which would be admissible, set forth as required by Federal Rule of Civil Procedure 56(e). The federal courts have acknowledged that the purpose of Rule 56.1 '' 'is to assist the Court in understanding the scope of the summary judgment motion by highlighting those facts which the parties contend are in dispute.' In the absence of the required statements, 'the Court is forced to scour the record on its own in a search for evidence which may support that party's contention that a certain fact is not in dispute.' '' Archie Comic Publications, Inc. v. Decarlo, 258 F.Supp.2d 315, 317 (S.D.N.Y. 2003) (quoting Rodriguez v. Schneider, No. 95 Civ. 4083 (RPP), 1999 WL 459813, at *1 n. 3 (S.D.N.Y. June 29, 1999)). Thus, Rule 56.1 is designed 'to streamline the consideration of summary judgment motions by freeing district courts from the need to hunt through voluminous records without guidance from the parties.' Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 74 (2d Cir. 2001).

Read the full article in the attached PDF.

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Kevin Schlosser is a Shareholder at Meyer, Suozzi, English & Klein, P.C., where he is Chair of the Litigation and Alternative Dispute Resolution Department which has a full roster of available private judges from virtually all disciplines of law. Mr. Schlosser also authors the popular blog, “New York Fraud Claims,” which analyzes the latest developments concerning civil fraud claims under New York law.

Reprinted with permission by the New York Law Journal.