SUMMARY JUDGMENT

(a) General. The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for summary judgment, except as provided by this rule. (b) Motion and Supporting Documents. (1) Motion.

A notice of motion and motion for summary judgment or partial summary adjudication pursuant to FRBP 7056 must be served and filed not later than 42 days before the date of the hearing on the motion. (2) Statement of Uncontroverted Facts and Conclusions of Law and Proposed Summary Judgment. (A) The movant must serve, file, and lodge with the motion for summary judgment or partial summary adjudication a proposed statement of uncontroverted facts and conclusions of law and a separate proposed summary judgment. 102 LBR 7056-1 (B) Unless otherwise ordered by the court, the proposed statement of uncontroverted facts and conclusions of law must be filed and also lodged electronically via LOU.

The statement must identify each of the specific material facts relied upon in support of the motion and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon to establish each such fact. (3) Evidence. The movant is responsible for filing with the court all evidentiary documents cited in the motion in accordance with LBR 9013-1(i). (c) Response and Supporting Documents.

(1) Response. Any party who opposes the motion must serve and file a response not later than 21 days before the date of the hearing on the motion. (2) Statement of Genuine Issues. (A) The respondent must serve, file, and lodge a separate concise statement of genuine issues with the response.

(B) Unless otherwise ordered by the court, the respondent’s statement of genuine issues must be lodged electronically via LOU. The respondent’s statement must identify each material fact that is disputed and cite the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other document relied upon to establish the dispute and the existence of a genuine issue precluding summary judgment or adjudication. (3) Evidence. The respondent is responsible for filing with the court all necessary evidentiary documents cited in the response in accordance with LBR 9013-1(i).

(4) Need for Discovery. If a need for discovery is asserted as a basis for denial of the motion, the respondent must identify the specific facts or issues on which discovery is necessary and justify the request for additional time to pursue such discovery. (d) (e) (f) Reply. Movant must serve and file any reply not later than 14 days before the hearing on the motion.

Stipulated Facts. The parties may file a stipulation setting forth a statement of stipulated undisputed facts. The parties so stipulating may state that their stipulations are entered into solely for purposes of the motion for summary judgment and are not intended to be binding otherwise. Facts Deemed Admitted.

In determining any motion for summary judgment or partial summary adjudication, the court may assume that the material facts as claimed and adequately supported by the movant are admitted to exist without controversy, 103 LBR 7064-1 except to the extent that such facts are: (1) Included in the “statement of genuine issues,” and (2) Adequately controverted by declaration or other evidence filed in opposition to the motion. (g) Non-Opposition to Summary Judgment is Not Consent. Pursuant to F.R.Civ.P. 56 and FRBP 7056, mere failure to file an opposition to a motion for summary judgment shall not be deemed consent to the granting or denial of the motion for summary judgment.