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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111449
Experience:  20+ Years of Employment Law Experience
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I am a party in a federal lawsuit. I filed a MSJ with a

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I am a party in a federal lawsuit. I filed a MSJ with a separate statement of undisputed material facts. The non-movant refused to respond to several of the facts that I set forth, because either I had not provided a citation, or because the non-movant decided that my supporting evidence was not good enough. Can he refuse to respond to my facts if I have not provided a citation? Can he refuse to respond to my facts if he decides that my supporting evidence does not meet his approval?Note: Please don't just say yes or no. Please provide case law or Federal rules that support your response.Thank you.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, there is no federal law or case citation that mandates a party to respond to anything submitted by the other party in their brief. If the other party does not respond, then it is simply up to the judge to decide how to weigh those facts and determine whether or not they will accept them since they were not refuted or objected to by the opposing party.
If a party does not specifically address facts or raise objections, they are not disputed by the opposing party. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted. See: Anderson v. Liberty Lobby, Inc., 477 US 242 (1986). So in not responding to your undisputed facts, the opposing party is leaving it to the judge to decide whether or not they are relevant or irrelevant to the outcome of the case, but there is no rule or law saying the defendant must address every fact you raise.

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