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SEMLA v. SNYDER
October 19, 2005.
JAMISON L. SEMLA, Plaintiff,
DONALD SNYDER, et al., Defendants.
The opinion of the court was delivered by: DONALD WILKERSON, Magistrate Judge
NOTICE REGARDING MOTION FOR SUMMARY JUDGMENT
On August 31, 2005, the defendant filed a motion for summary
judgment accompanied by an affidavit, exhibits, and/or deposition
pursuant to Rule 56(b) of the Federal Rules of Civil Procedure.
Because of your status as pro se plaintiff, you are advised that
failure to adequately respond to defendant's motion could result
in a judgment for the defendant and a dismissal of your claim.
Bryant v. Madigan, 84 F.3d 246 (7th Cir. 1996); Lewis v.
Faulkner, 689 F.2d 100 (7th Cir. 1982).
By his motion for summary judgment, the defendant is asking to
have this lawsuit decided in his favor without a trial based on
the evidence presented in the affidavits and documents attached
to his motion. Any factual assertion in the affidavits will be
accepted by the Court as being true unless you submit your own
affidavits or other documentary evidence contradicting the
assertions. If you fail to submit affidavits or other documentary
evidence it will be the equivalent of failing to present any
evidence in your favor at a trial of this matter.
Rule 56 of the Federal Rules of Civil Procedure governs motions
for summary judgment, and that rule must be complied with by you
in submitting any further response to the defendant's motion. Rule 56 provides in pertinent part:
(c) . . . The judgment shall be rendered forthwith if
the pleadings, depositions, answers to
interrogatories and admissions on file, together with
the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving
party is entitled to a judgment as a matter of
law. . . .
(e) Supporting and opposing affidavits shall be made
on personal knowledge, shall set forth such facts as
would be admissible in evidence, and shall show
affirmatively that the affiant is competent to
testify to the matters stated therein. Sworn or
certified copies of all papers or parts thereof
referred to in an affidavit shall be attached thereto
or served therewith. The court may permit affidavits
to be 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. If the adverse party does
not so respond, summary judgment, if appropriate,
shall be entered against the adverse party.
Fed.R.Civ.P. 56 (emphasis added).
Under Rule 56 of the Federal Rules of Civil Procedure, you have
a right to respond to the motions and accompanying sworn material
by filing your own affidavit or other sworn responses. Although
the mere filing of affidavits or other responsive materials will
not guarantee the denial of defendant's motion, your response
will enable the Court to consider more meaningfully all relevant
factors. If you do not respond to the motion with your own
affidavits to dispute the facts established by the defendant, a
summary judgment may be entered against you if, on the basis of
the facts established by the defendant, the defendant is entitled
to a judgment as a matter of law. Unless you respond to this
motion with sworn statements which contradict important facts
claimed by the defendant in their sworn materials, the Court will
accept the defendant's uncontested facts as true. More importantly, you will lose this
lawsuit, in whole or in part, if the Court determines that, under
those unchallenged facts, the defendant is entitled to judgment
under the law.
In the event you elect to respond to the defendant's motion,
your response must include or be supported by sworn statements or
other responsive materials. You cannot merely rely upon any
conflict or inconsistency between the contents of the complaint
and the affidavit or other sworn materials filed in support of
the defendants' motion. If you submit an affidavit or affidavits
in support of your responses, the facts in the affidavits must be
personally known to the person making the affidavit and not be
hearsay; the facts must be specific and not general. Merely
denying the facts in the sworn material filed by the defendants
in support of their motion or giving opinions or beliefs is not
The plaintiff shall respond and file any such affidavits or
other evidence with the Court no later than December 8, 2005.
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