Bowens v. Pollock et al

Filing 43

TEXT ORDER re 31 MOTION for Summary Judgment filed by Bonnie L. O'Brien, Carl B. Hunt, Kelsay, A. Bartlett,. Keller, W. E. Wilcox, S. Kruppner, Krempsky, M. E. Pollock, IRBY NOTICE sent to plaintiff. Responses to 31 Motion for Summary Judgment due September 25, 2009. Replies, if any, due October 16, 2009, at which time the motion will be taken under advisement without oral argument. SO ORDERED. Issued by Hon. H. Kenneth Schroeder, Jr. on August 10, 2009. (APG)

Revised 09/01 W.D.N.Y.

Bowens v. Pollock et al., 06-CV-0457A(Sr)

RULE 56 MOTIONS FOR SUMMARY JUDGMENT ­ IRBY NOTICE
(See Irby v. New York City Transit Authority, 262 F.3d 412 (2d Cir. 2001)) A party in your lawsuit has filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, which means that summary judgment will be granted if the Court finds that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

F a ilu re to Respond to A Motion For Summary Judgment May Result in T h e Grant of Judgment in Favor of The Party Seeking Summary J u d g m e n t and The Dismissal of All or Part of The Case.
Opposing Affidavits and Exhibits Therefore, if the motion seeks summary judgment against you, you MUST submit opposing papers in the form of one or more affidavits (or affirmations) made upon the personal knowledge of the person signing each affidavit. Each affidavit must set forth admissible facts and must show that the person submitting that affidavit is competent to testify as to the matters stated therein (because he or she has personal knowledge of the facts set forth in the affidavit). If you wish to submit exhibits in opposition to the motion, you may attach to the affidavit (or submit separately) sworn or certified copies or all papers or parts thereof which are referred to in an affidavit. Statement of Material Facts Requiring a Trial If the motion seeks summary judgment against you, you MUST also submit a separate, short, and concise statement of the material facts as to which you contend there exists a genuine issue which must be tried. See Rule 56 of the Local Rules of Civil Procedure (available on the Western District web site at www.nywd.uscourts.gov). Note that all of the material facts which have been set forth in the statement served on you by the moving party (which that party claims are material facts about which there is no genuine issue to be tried) will be deemed to have been admitted by you unless you controvert the facts in your statement of material facts presenting a genuine issue requiring a trial. Memorandum of Law If the motion seeks summary judgment against you, you MUST also submit a separate answering memorandum of law, Local Rule 7.1(e), which may not exceed 25 pages in length without prior approval of the Court, Local Rule 7.1(f). Failure to comply may result in the motion being decided against the non-complying party.

NOTE: If you are the party bringing the summary judgment motion, you may file reply papers ONLY if you state on the notice of motion that you wish to do so and/or if the court order scheduling the motion gives you the opportunity for doing so. See Local Rules of Civil Procedure Rule 7.1(c).