It was not reasonable for the plaintiff to withhold documents based on its own view of the law when the court had already made a contrary ruling and the plaintiff had opted not to challenge that ruling. See Amoah v. McKinney, Civil Action No. 14-40181-TSH, 2016 WL 6134119, at *4 (D. Mass. Sept. 2, 2016) (finding plaintiff was not substantially justified in "relying on his unilateral interpretation" of a court order despite notice that order did not support his position). The plaintiff's continued objection to the contested RFPs in the face of the counterclaim was unreasonable in that it essentially ignored an order of the court, and therefore it was not substantially justified.
(“defendants' failure to provide any citations whatsoever in their opposition statement leaves no doubt as to their noncompliance”); Aulisio, 2012 WL 3957985, at *3 (stating LR. 56.1 requires party to support any fact with citation to record); see also Amoah v. McKinney, Civil Action No. 4:14-40181-TSH, 2016 WL 6134119, at *2-3 (D. Mass. Sept. 2, 2016).
Any heading that does not contain a citation to the record will not be afforded any evidentiary weight. Amoah v. McKinney, 14-cv-40181, 2016 WL 6134119, at *10, 2016 U.S. Dist. LEXIS 191864, at *31 (D. Mass. Sept. 2, 2016). Finally, the Court cannot rely on exhibits that are not before it, so to the extent portions of Plaintiff's statement of facts are supported only by material that is not in the record, those factual allegations are unsupported and the Court has not relied on them. 3.