LR 55.1 Failure to Obtain
If a defendant has been in default for 90 days, the
presiding judge may require the plaintiff to move for entry of a
default and a default judgment. If the plaintiff fails to do so
within the prescribed time, the presiding judge will dismiss the
action, without prejudice, as to that defendant.
LR 55.2 Default Judgments
by the United States
LR 55.3 Request for Entry
of Default by Clerk
Before the clerk is required to enter a default, the
party requesting such entry must file with the clerk a written request
for entry of default, submit a proposed form of entry of default,
and file any other materials required by Fed. R. Civ. P.55(a).
LR 56.1 Motion Practice
Not Modified Generally
Except as expressly modified, the motion practice
prescribed by LR 7.1-7.3 is not affected by LR 56.2-56.7.
LR 56.2 Limits on Time
for Filing and Number of Motions
- Time for Filing. Unless otherwise
directed by the presiding judge, no motion for summary judgment
may be filed within 90 days of the trial setting.
- Number. Unless otherwise directed
by the presiding judge, or permitted by law,
a party may file no more than one motion for summary judgment.
LR 56.3 Content
- Except as provided in subsection (b) of this rule,
a motion for summary judgment must, in addition to the contents required by Fed. R. Civ. P. 56(a),
- on the first page, under the heading "summary," state concisely the elements of each claim or defense as to which summary judgment is sought, and
- if the motion is accompanied by an appendix and it is necessary to cite support for an assertion about the absence or presence of a genuine dispute of fact, comply with LR 56.5(c).
- A moving party may satisfy the requirements of
subsection (a) of this rule by stating in its motion that each
of the required matters will be set forth in the party's brief.
- If a moving party seeks summary judgment
on fewer than all claims or defenses, the motion must be styled
as a motion for partial summary judgment.
- A motion for summary judgment must not contain
argument and authorities.
LR 56.4 Content of Response
- Except as provided in subsection (b) of this rule,
a response to a motion for summary judgment must
- state in reasonably concise terms why the responding party opposes the motion, and
- if the response is accompanied by an appendix and it is necessary to cite support for an assertion about the absence or presence of a genuine dispute of fact, comply with LR 56.5(c).
- A responding party may satisfy the requirements
of subsection (a) of this rule by stating in its response that
each of the required matters will be set forth in the party's
- A response to a motion for summary judgment must
not contain argument and authorities.
LR 56.5 Requirement of
Brief; Briefing Requirements
- Brief Required. A summary
judgment motion and a response must be accompanied by a brief
that sets forth the argument and authorities on which the party
relies in support of or opposition to a motion, and must contain
the matters required by LR 56.3(a) or LR 56.4(a) if the party
has opted to comply with those rules by including the required
matters in its brief. Notwithstanding LR 5.1(c), the brief must
be filed as a separate document from the motion or response that
- Length of Briefs. The requirements of LR
7.2 apply to briefs filed pursuant to LR 56.5(a), except that,
excluding the table of contents and table of authorities, the
length of a principal brief must not exceed 50 pages and a reply
brief must not exceed 25 pages. The presiding judge, by order
or other appropriate notice issued in a civil action, may restrict
the length of briefs to fewer pages than are permitted by this
- Citations to Appendix. When citing materials in the record, as required by Fed. R. Civ. P. 56(c)(1)(A) or (B), a party must support each assertion by citing each relevant page of its own or the opposing party’s
Requirement of Appendix; Appendix Requirements
- Appendix Required. A party who relies on materials in the record—including depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, interrogatory answers, or other materials—to support or oppose a motion for summary judgment must include the materials in an appendix.
- Appendix Requirements.
- The appendix must be assembled as a self-contained document, separate from the motion and brief or response and brief.
- Each page of the appendix must measure 8½ x 11 inches. Non-documentary materials (e.g., videotapes and other physical materials) and oversized materials (e.g., maps and schematic drawings) that are included in the appendix must be placed in an envelope that measures 9 x 12 inches.
- Each page of the appendix must be numbered legibly in the lower, right-hand corner. The first page must be numbered as "1," and succeeding pages must be numbered sequentially through the last page of the entire appendix (i.e., the numbering system must not re-start with each succeeding document in the appendix). An envelope that contains non-documentary or oversized materials must be numbered as if it were a single page.
LR 56.7 Limit on Supplemental
Except for the motions, responses, replies, briefs,
and appendixes required by these rules, a party may not, without
the permission of the presiding judge, file supplemental pleadings,
briefs, authorities, or evidence.
LR 58.1 Proposed
Each proposed judgment must be set forth on a separate
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