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The Defendant filed a Motion for Summary Judgment on 12/13/11.

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The Defendant filed a Motion for Summary Judgment on 12/13/11. They did not annex a statement of facts. Local Rule 56.1 states that "(a) Any party moving for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, shall annex to the notice of motion a separate, short and concise statement of the material facts as to which it contends there is no genuine issue to be tried." Local rules allow 14 days to file an opposition to a Motion.
I filed my objection on 12/22/11. I also did not file a "separate, short and concise statement of the material facts as to which it contends there are genuine issues to be tried." Local rules state that "A party moving for summary judgment will have seven (7) days to file a reply in further support of the motion."
The Defendant filed their Reply to my Objection to their Motion for Summary Judgment on 1/4/12, far past the required 7 days.
I have not filed anything since.
Can I now file a Motion to Strike their Motion for Summary Judgment since they failed to follow the rules? Should I also file a Motion to Strike their Reply since they waited too long to file it?
Or, have I waited too long to do anything about either?
Submitted: 2 years ago.
Category: Business Law
Expert:  WiseOwl58 replied 2 years ago.
If they haven't filed the statement of undisputed facts, the judge would have no basis upon which to grant the summary judgment.

The judge would have no choice but to deny the motion because there is no legal basis for him to grant it.

On the other hand, the judge could give the defendant leave to amend his motion, meaning he would have a period to fix it up. If the judge did that, what you filed wouldn't really matter, because you would have the opportunity to file again in response to his amended motion for summary judgment, and you would simply attach your statement of facts to that.

So, either way, you should be in pretty good shape. If for some strange reason the judge did grant the motion for summary judgment, you could probably appeal it and the appeals court would reverse it as reversible error by the trial judge.

Good luck to you. Please press the green ACCEPT button. Thank you.
WiseOwl58, Attorney
Category: Business Law
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