Opinion
Civil No. 02-538-ST.
November 13, 2002
ORDER ADVISING DEFENDANTS OF SUMMARY JUDGMENT STANDARDS AND SETTING BRIEFING SCHEDULE
Plaintiff has filed a motions for summary judgment by which it seeks to have judgment entered in its favor against defendants' counterclaims (docket #53) and on its breach of contract claim against No Problem Harry, Inc., Chao Lin Liu, and Bill Russell (docket #60). These motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure will, if granted, result in a judgment in favor of plaintiff on those counterclaims and claims.
Rule 56 tells you what you must do in order to oppose a motion for summary judgment. Generally, summary judgment must be granted when there is no genuine issue of material fact — that is, if there is no real dispute about any fact that would affect the result of your case, the party who asked for summary judgment is entitled to judgment as a matter of law, which will result in a judgment against you. When a party who is suing you makes a motion for summary judgment that is properly supported by declarations (or other sworn testimony), you cannot simply rely on what your pleadings say. Instead, you must set out specific facts in declarations, depositions, answers to interrogatories, or authenticated documents, as provided in Rule 56(e), that contradict the facts shown in the plaintiff's declarations and documents and show that there is a genuine issue of material fact for trial. If you do not submit your own evidence in opposition, summary judgment, if appropriate, may be entered against you. If summary judgment is granted, judgment will be entered against you, and there will be no trial on those claims.
Local Rule 56.1 of the District Court requires that the party moving for summary judgment file a separate Concise Statement of Material Facts. As part of your opposition to a motion for summary judgment, you must include a response to the separate Concise Statement of Material Facts. You must respond to each numbered paragraph of the plaintiff's facts by: (1) accepting or denying each fact contained in the plaintiff's concise statement, or (2) articulating opposition to the plaintiff's contention or interpretation of the undisputed material fact. You are advised that material facts set forth in the plaintiff's concise statement will be deemed admitted unless specifically denied, or otherwise controverted by you.
SCHEDULING ORDER
Based on the foregoing, IT IS ORDERED that by December 2, 2002, defendants shall respond to Plaintiff's Motion for Summary Judgment Against Defendants' Counterclaims (docket #53) and Plaintiff's Motion for Partial Summary Judgment (docket #60), complying with Local Rule 56. DEFENDANTS ARE CAUTIONED THAT A FAILURE TO TIMELY RESPOND MAY RESULT IN JUDGMENT BEING ENTERED AGAINST THEM. Plaintiffs shall serve and file their reply, if any, by December 16, 2002, and Plaintiff's Motion for Summary Judgment Against Defendants' Counterclaims and Plaintiff's Motion for Partial Summary Judgment (docket #60) will go under advisement on December 23, 2002.