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KARELLA v. AMERITECH INFORMATION SYS.

December 19, 1996

LOREN KARELLA, Plaintiff,
v.
AMERITECH INFORMATION SYSTEMS, INC., Defendant.



The opinion of the court was delivered by: KOCORAS

 CHARLES P. KOCORAS, District Judge:

 This matter is before the court on defendant Ameritech Information Systems, Inc.'s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below this motion is granted.

 A. Karella's Failure to Comply with Local Rule 12(N)

 As an initial matter, we wish to note that in its Reply Memorandum in Support of its Motion for Summary Judgment, Ameritech has included what is purported to be a motion to strike Karella's "Answer to Defendant's Statement of Uncontested Facts". According to Local Rule 12, written notice of the intent to present a motion and a copy of the motion must be personally served to the opposing party at or before 4 p.m. of the second business day preceding the day on which the court will hear the motion. In addition, the motion must be accompanied by a notice of presentment specifying the day and time on which the motion is to be presented. See U.S.Dist.Ct., N.D.Ill., Gen.R. 12(B). This purported motion did not contain any such notice of presentment and was thus improperly presented before this court, and as such we must disregard it. However, because Karella's response to Ameritech's 12(M) Statement is fatally lacking under the Local Rules, we must strike it nonetheless.

 It is established that "[a] district court has the power to strike a response to a motion for summary judgment when the non-moving party fails to comply with local rules regarding that response." Rosemary B. On Behalf Of Michael B. v. Board of Education of Community High School District, 52 F.3d 156, 158-59 (7th Cir. 1995), citing Bell, Boyd & Lloyd v. Tapy, 896 F.2d 1101, 1103 (7th Cir. 1990). These rules are to be strictly enforced, and the Seventh Circuit has repeatedly upheld grants of summary judgment when the non-movant failed to submit a factual statement in the correct form and thereby conceded the movant's version of the facts. Waldridge v. American Hoechst Corp., 24 F.3d 918, 922 (7th Cir. 1994)(citing numerous cases in which the Seventh Circuit has sustained grants of summary judgment in such circumstances). Karella's response to Ameritech's 12(M) statement does not meet the requirements of Local Rule 12(N), and we therefore must strike it.

 As required under Local Rule 12(M), Ameritech included with its motion affidavits, the deposition of Karella, a supporting memorandum of law, and a statement of material facts to which it claims there is no genuine issue. See U.S.Dist.Ct., N.D.Ill., Gen.R. 12(M). However, Karella's response to Ameritech's filing consists of a memorandum in opposition to the motion for summary judgment and a response to Ameritech's Statement of Material Facts which consists merely of statements of "agree" or "disagree." This is clearly insufficient under Local Rule 12(N), which requires that a party opposing a motion for summary judgment serve and file:

 
(1) any opposing affidavits and other materials referred to in F.R.Civ.P. 56(e);
 
(2) a supporting memorandum of law; and
 
(3) a concise response to the movant's statement that shall contain:
 
(a) a response to each numbered paragraph in the moving party's statement, including, in the case of disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon, and (b) a statement, consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment, including references to the affidavits, parts of the record, and other supporting materials relied upon. ...

 We are not unmindful of the fact that Karella is proceeding pro se in this case. However, the Local Rules apply to everyone, and litigants in this court must undertake sufficient investigation to ensure that they comply with the procedural and substantive requirements of the Northern District of Illinois. We also note that counsel for Ameritech, upon receiving Karella's response to its motion, sent him a letter informing him that his memorandum contained no supporting documents and was thus in violation of Rule 12(N). In response, Karella filed a letter from a doctor, several income tax returns, and several items pertaining to his personal bankruptcy. He did not, however, give any indication of the relevance of these documents or cite to them in any manner, and they failed to correct the deficiencies. Therefore, ...


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