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L.B.R. 7056-1. Summary Judgment

(a)  Motion and Memorandum in Support.  Any motion for summary judgment pursuant to Fed. R. Bankr. P. 7056 must include:

(1)  a statement of the burden of proof;

(2)  the elements of the claim(s) that must be proved to prevail on the claim(s);

(3)  a short and concise statement, in numbered paragraphs containing only one fact each, of the material facts as to which the moving party contends there is no genuine issue to be tried;

(4)  a statement or calculation of damages, if any; and

(5)  any and all citations of law or legal argument in support of judgment as a matter of law.

(b)  Response and Memorandum in Opposition.  Responses in opposition must include:

(1)  any competing statements concerning the burden of proof, including burden shifting, together with legal authority supporting such statements;

(2)  any defenses to the elements of the claim(s) that must be proved to defeat such claim(s);

(3)  a short and concise statement of agreement or opposition, in numbered paragraphs corresponding to those of the moving party, of the material facts as to which it is contended there is a genuine issue to be tried;

(4)  a short and concise statement, in numbered paragraphs containing only one fact, of any additional facts as to which the opposing party contends are material and disputed;

(5)  a statement or calculation of damages, if any; and

(6)  any and all citations of law or legal argument in opposition to judgment as a matter of law.

(c)  Supporting Evidence.  Each statement by the movant or opponent pursuant to subdivisions (a) or (b) of this Rule, including each statement controverting any statement of material fact by a movant or opponent, must be followed by citation to admissible evidence either by reference to a specific paragraph number of an affidavit under penalty of perjury or fact contained in the record.  Affidavits must be made on personal knowledge and by a person competent to testify to the facts stated, which are admissible in evidence.  Where facts referred to in an affidavit are contained in another document, such as a deposition, interrogatory answer, or admission, a copy of the relevant excerpt from the document must be attached with the relevant passages marked or highlighted.

(d)  Admission of Facts.  Each numbered paragraph in the statement of material facts served by the moving party is deemed admitted for purposes of the motion unless specifically controverted by a correspondingly numbered paragraph in the statement served by the opposing party.

(e)  Responsive Pleadings.  Unless otherwise ordered by the Court, a response to a motion for summary judgment must be filed and served no later than 14 days from the date of service of the motion. 

(f)   Compliance with Federal Rules.  The statements required by this Rule are in addition to the material otherwise required by these Rules and the applicable Fed. R. Bankr. P.

(g)  Noncompliance.  The Court may deny motions that do not comply with this Rule.