Free Order - District Court of Connecticut - Connecticut

Case 3:02-cv—01663—RNC Document 47 Filed 11/05/2003 Page1 0f3 N
UNITED STATES DISTRICT COURT N
DISTRICT OF CONNECTICUT mn . l
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v. : Case No. 3:02CV1663(RNC)(DFIVI) g
CAPTAIN LEEN COMMONO, ET AL N
ORDER OF NOTICE TO PRO SE LITIGANT
On October 29, 2003, defendant Christie filed a motion for summary judgment
pursuant to Fed. R. Civ. P. 56. Rule 7(a), D. Conn. L. Civ. R., requires the plaintiff to
file a response within twenty-one days of the date the motion was filed.
Pursuant to Vital v. Interfaith Medical Ctr., 168 F.3d 615 (2d Cir. 1999) and
McPherson v. Coombe, 174 F.3d 276 (2d Cir. 1999), the court hereby gives notice to
the plaintiff that any factual assertions in the documents accompanying the defendants
motion will be accepted as true unless the plaintiff files affidavits or other documentary
evidence to contradict the defendant’s assertions. The plaintiff may not simply rely on N
his complaint. Also, a memorandum is not sufficient to oppose the defendant’s motion.
The plaintiff must respond to the motion for summary judgment with affidavits made on N
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personal knowledge or other documentary evidence to show that there is a genuine
issue of material fact for trlaI.‘
' Rule 56(e), Fed. R. Civ. P., states: N
Supporting and opposing affidavits shall be made on
personal knowledge, shall set forth such facts as would be
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Case 3:02-cv—01663—RNC Document 47 Filed 11/05/2003 Page 2 of 3
Furthermore, a party opposing a motion for summary judgment has obligations
under Local Rule 56(a)2. That rule requires a party opposing summary judgment to
include in his opposition papers a "LocaI Rule 56(a)2 Statement." The Local Rule I
56(a)2 Statement is in response to the moving party’s 56(a)1 Statement of Material “
Facts which sets forth the facts which the moving party contends are undisputed. The I
plaintiff must state whether he admits or denies each such fact. The plaintiffs 56(a)2 I
statement must also list in a separate section each issue of material fact which the
plaintiff contends must be tried. ln addition, Local Rule 56 requires that:
[e]ach statement of material fact in a Local Rule 56(a)
Statement by a movant or opponent must be followed by a
citation to (1) the affidavit of a witness competent to testify
as to the facts at trial and/or (2) evidence that would be j
admissible at trial. The affidavits, deposition testimony,
responses to discovery requests, or other documents l
containing such evidence shall be filed and served with the I
Local Rule 56(a) Statement in conformity with Fed. R. Civ. s
P. 56(e).
D. Conn. L. Civ. R. 56(a)3. lf the plaintiff does not file a 56(a)2 statement, all material I

admissible in evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated therein. i
Sworn or certified copies of all papers or parts thereof i
referred to in an affidavit shall be attached thereto or served I
therewith. The court may permit affidavits to be I
supplemented or opposed by depositions, answers to
interrogatories, or further affidavits. When a motion for
summary judgment is made and supported as provided in
this rule, an adverse party may not rest upon the mere
allegations or denials of the adverse party’s pleading, but
the adverse party’s response, by affidavits or as otherwise
provided in this rule, must set forth specific facts showing
that there is a genuine issue for trial. lf the adverse party _
does not so respond, summaryjudgment, if appropriate, I
shall be entered against the adverse party. I
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Case 3:02-cv—01663—RNC Document 47 Filed 11/05/2003 Page 3 of 3 {
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facts set forth in the moving party’s Rule 56(a)1 statement will be deemed admitted.
Thus, under the court rules and applicable case law, the plaintiff must file a
response to the defendant’s motion for summary judgment within twenty-one (21)
days of the date the motion was filed. The response should be accompanied by
affidavits andlor the other evidence described above. If the plaintiff does not
respond within twenty-one days of the date the motion was filed, the court may I
grant the motion for summary judgment absent objection. lf summary judgment
is granted against the plaintiff, the case will not proceed to trial. Instead,
judgment will enter in favor of the defendant and the case will be closed.
ev onoan or Ti-ie count l
Kevin i=. Rowe, cuzrzx l
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