KADONSKY v. AHSAN, ET AL.

Filing 63

MEMORANDUM ORDER that within thirty (30) days from the date of entry of this Order, Plaintiff may file one (1) supplemental brief in opposition to summary judgment based on Defendants' affidavit of merit defense. Defendants may file a reply with in ten (10) days of the date Plaintiff's supplemental brief is filed. The Clerk shall administratively terminate the 47 Motion to Dismiss. The Clerk of the Court shall serve this Order, and the attached copy of Federal Rule of Civil Procedure 56, upon Plaintiff by regular mail. Signed by Judge Michael A. Shipp on 10/23/2017. (Attachments: # 1 Federal Rules of Civil Procedure Rule 56)(mps)

Rule 56. Summary Judgment, FRCP Rule 56

United States Code Annotated
Federal Rules of Civil Procedure for the United States District Courts (Refs & Annos)
Title VII. Judgment
Federal Rules of Civil Procedure Rule 56
Rule 56. Summary Judgment
Currentness
<Notes of Decisions for 28 USCA Federal Rules of Civil Procedure Rule 56 are displayed in three separate documents.
Notes of Decisions for subdivisions I to VI are contained in this document. For Notes of Decisions for subdivisions
VII through XXV, see the second document for 28 USCA Federal Rules of Civil Procedure Rule 56. For Notes of
Decisions for subdivisions XXVI to end, see the third document for 28 USCA Federal Rules of Civil Procedure Rule
56.>

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying
each claim or defense--or the part of each claim or defense--on which summary judgment is sought. The court shall grant
summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to
judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

(b) Time to File a Motion. Unless a different time is set by local rule or the court orders otherwise, a party may file a motion
for summary judgment at any time until 30 days after the close of all discovery.

(c) Procedures.

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion
by:

(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information,
affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory
answers, or other materials; or

(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party
cannot produce admissible evidence to support the fact.

(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party may object that the material cited to support
or dispute a fact cannot be presented in a form that would be admissible in evidence.

(3) Materials Not Cited. The court need consider only the cited materials, but it may consider other materials in the record.

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Rule 56. Summary Judgment, FRCP Rule 56

(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal
knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify
on the matters stated.

(d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by affidavit or declaration that, for specified
reasons, it cannot present facts essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a Fact. If a party fails to properly support an assertion of fact or fails to properly
address another party's assertion of fact as required by Rule 56(c), the court may:

(1) give an opportunity to properly support or address the fact;

(2) consider the fact undisputed for purposes of the motion;

(3) grant summary judgment if the motion and supporting materials--including the facts considered undisputed--show that
the movant is entitled to it; or

(4) issue any other appropriate order.

(f) Judgment Independent of the Motion. After giving notice and a reasonable time to respond, the court may:

(1) grant summary judgment for a nonmovant;

(2) grant the motion on grounds not raised by a party; or

(3) consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.

(g) Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter
an order stating any material fact--including an item of damages or other relief--that is not genuinely in dispute and treating
the fact as established in the case.

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Rule 56. Summary Judgment, FRCP Rule 56

(h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an affidavit or declaration under this rule is submitted
in bad faith or solely for delay, the court--after notice and a reasonable time to respond--may order the submitting party to pay
the other party the reasonable expenses, including attorney's fees, it incurred as a result. An offending party or attorney may
also be held in contempt or subjected to other appropriate sanctions.
CREDIT(S)
(Amended December 27, 1946, effective March 19, 1948; January 21, 1963, effective July 1, 1963; March 2, 1987, effective
August 1, 1987; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009; April 28, 2010,
effective December 1, 2010.)

Fed. Rules Civ. Proc. Rule 56, 28 U.S.C.A., FRCP Rule 56
Including Amendments Received Through 7-1-15
End of Document

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