United States District Court, N.D. Illinois
September 30, 2004.
Marathon Oil Co.,
KGME, Inc. et al.
The opinion of the court was delivered by: JOAN GOTTSCHALL, District Judge
Plaintiff has filed a motion for summary judgment arguing,
among other things, that discovery taken in a previous related
case demonstrates that Plaintiff is entitled to indemnification
under the terms of contracts entered into with defendants. As an
initial matter, the court notes that plaintiff's supporting
memorandum has not complied with the provisions of local rule 7.1
(setting forth requirements for briefs in excess of 15 pages). In
addition, plaintiff's papers have not complied with local rule
56.1 and the court's standing order regarding motions for summary
judgment. By way of illustration, paragraph "15a" of plaintiff's
56.1 statement cites to an affidavit (but not specific portions
thereof) that was apparently filed over six years ago in the
related case, which subsequently settled. Plaintiff neglects to
attach a copy of the affidavit, instead directing the court to
the original case number where the "evidence, documents, or
pleadings can be found." This and other 56.1 statements for which
the plaintiff improperly did not submit supporting materials may
well bear on the ultimate question of defendants' liability.
Finally, the court notes that its standing order regarding
motions for summary judgment requires each local rule 56.1
document to be tabbed, and requests that parties' citations to
facts in their supporting memoranda be both to the documents
establishing the purported fact and to their 56.1 statement.
Because plaintiff's papers have failed to comply with the local
rules as well as this court's standing order regarding motions
for summary judgment, its motion is denied without prejudice.
Plaintiff may re-file its motion after reviewing the local rules
and the court's standing order. Should plaintiff re-file its
motion, defendants are likewise strongly urged to review the
local rules and this court's standing order before filing a
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