Order Modifying Local Rules re. Summary Judgment; Standing Order re. Civil Litigation

=== Order Modifying Local Rules re. Summary Judgment ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CIVIL ACTION NO. Plaintiff, v. Defendant. ORDER MODIFYING LOCAL RULES REGARDING SUMMARY JUDGMENT The Court has entered a scheduling order in this case. In anticipation of the filing of summary judgment motion(s), the Court issues the following guidelines. In addition, the parties are advised that they are required to follow the case instructions or Standing Order of the District Judge, if the District Judge has specific instructions posted on the Court’s website. Under Local Rule 56.1(B)(1), a party moving for summary judgment must include a statement of material facts as to which the movant contends there is no genuine issue to be tried. The Rule further requires the non-movant to include a response to the movant’s statement of material facts and a statement of additional facts which the non-movant contends are material and which present a genuine issue for trial. LR 56.1(B)(2), NDGa. And if the non-movant provides a statement of additional facts, then the movant is required to file a response. LR 56.1(B)(3), NDGa. When preparing any of these statements or responses, the parties are ORDERED to abide by the Local Rules and these guidelines: 1. The Movant’s Statement of Material Facts Each fact must be separately numbered, and there may be only one sentence per number. Each fact must be followed by a citation to the record that supports the fact. The Court will not consider more than 50 numbered facts. The movant may present more than 50 numbered facts only by first seeking and receiving leave of the Court to do so. 2. The Non-Movant’s Response to the Statement of Material Facts The non-movant’s response to the movant’s statement of material facts must follow the numbering scheme set forth in the movant’s statement. The non-movant shall restate the movant’s fact and then indicate whether the fact is admitted or disputed. If the non-movant disputes or partially disputes the fact, then the non- movant must offer a brief factual explanation, not to exceed one paragraph, supported by a citation to the record. If the non-moving party has an evidentiary objection to the fact, the party may briefly note the objection. However, the party may not litigate the objection in the response to the statement of material facts. To the extent the party wishes to 2 offer a legal argument to support the objection, the party may do so in a separately filed Notice of Objection or within the brief. Responses in the form of issues, questions, or legal conclusions (rather than facts) will not be considered. 3. The Non-Movant’s Statement of Additional Facts that are Material and Present a Genuine Issue for Trial The non-movant’s statement of additional facts shall conform to the guidelines set forth above in paragraph 1. 4. The Movant’s Response to the Statement of Additional Facts The movant’s response to the non-movant’s statement of additional facts must follow the numbering scheme set forth in the non-movant’s statement. The movant shall restate the fact and then offer a response as permitted by the Local Rules: • An objection to the admissibility of the evidence upon which the non- movant relies; • An objection that the evidence does not support the fact, with a brief explanation and citation to the record if necessary; • An objection that the fact is not material or does not otherwise comply with Local Rule 56.1(B)(1); and 3 • A concession that the Court can properly consider the evidence for purposes of the summary judgment motion. As noted above, the movant may briefly note an evidentiary objection. However, the party may not litigate the objection in the response to the statement of additional facts. To the extent the party wishes to offer a legal argument to support the evidentiary objection, the party may do so in a separately filed Notice of Objection or within the brief. 5. Deposition Transcripts Any party that relies on deposition testimony shall file a complete copy of the deposition transcript. This allows the Court to understand the full context of the witness’s testimony surrounding the specific citation offered by the party. 4

=== Standing Order re. Civil Litigation ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CIVIL ACTION NO. Plaintiff, v. Defendant. MAGISTRATE JUDGE CHRISTOPHER C. BLY’S ORDER REGARDING HIS ASSIGNED CIVIL CASES 1. Contacting Chambers Courtroom deputy clerk James Jarvis is your principal point of contact for administrative matters relating to this case. Neither the parties nor their counsel should discuss the merits of the case with Mr. Jarvis or with any of the Court’s law clerks. Mr. Jarvis can be reached by email at [email protected] or by phone at (404) 215-1330. 2. Courtesy Copies for Chambers Except for emergency motions filed under LR 7.2(B), NDGa, or a specific request from the Court, the parties need not provide Chambers with an additional paper copy of any filing. The Court automatically receives an electronic copy of all filed materials, and that electronic copy is sufficient absent a specific request. 3. Discovery The Court encourages the parties to communicate with one another to facilitate discovery and resolve discovery disputes. Counsel or pro se litigants are required to confer, by telephone or in person, in good faith before bringing a discovery dispute to the Court. See Fed. R. Civ. P. 26(c) and 37; LR 37.1(A), NDGa. The duty to confer is not satisfied by sending a written document, such as a letter or email, to the adversary, unless repeated attempts to confer by telephone or in person are unsuccessful due to the conduct of the adversary. If counsel or pro se litigants are unable to informally resolve the discovery dispute, they should arrange a telephone conference with the Court through the Court’s courtroom deputy. The Court may then schedule a conference call to attempt to resolve the matter, without the need for a formal motion. If the differences cannot be resolved during the conference, the Court will direct further proceedings. 4. Requests for Protective Orders and/or Motions to Seal The Court will not sign a protective or confidentiality order that permits the parties to automatically file pleadings or materials under seal with the Clerk. As a general matter, the Court will seal only those items enumerated in the Court’s 2 Standing Order 04–02 regarding sensitive information and public access to electronic case files. A party seeking to file a document under seal must follow the rules and procedures set forth in Appendix H to the Local Rules. Detailed procedures for electronic filing under seal in civil cases are available at http://www.gand.uscourts.gov/cv-sealed-procedures. 5. Non-Dispositive Motions Prior to filing any non-dispositive motion, a party must contact the non- moving party or parties to determine whether any party opposes the motion. The moving party must then state in the motion whether the non-moving party or parties opposes the motion and, if so, the grounds the non-moving party states for the opposition. No motion will be granted that does not include such a statement of the non-moving party’s position or a statement that the moving party has attempted in good faith to obtain the non-moving party’s position but has been unable to do so. 6. Settlement The Court offers the services of its Magistrate Judges to mediate cases, at no cost, upon request. Should the parties agree at any point in the case that settlement discussions are likely to benefit from such mediation, they should file a joint motion asking the Court to stay all deadlines and to refer the case to mediation. 3 7. Consolidated Pretrial Order Pursuant to Local Rule 16.4, the parties must file a proposed pretrial order no later than 30 days after the close of discovery, or entry of the court’s ruling on any motions for summary judgment, whichever is later. See LR 16.4, NDGa. The Court extends the deadline for filing a proposed consolidated pretrial order until 40 days after the close of the discovery period, or, in the event that any party files a motion for summary judgment, until 30 days after the Court’s final ruling on all pending motions for summary judgment, whichever is later. 4