United States District Court, S.D. Illinois
NOTICE AND ORDER
PHIL GILBERT DISTRICT JUDGE
matter comes before the Court on the defendant's motion
for summary judgment pursuant to Federal Rule of Civil
Procedure 56 (Doc. 49). Neither the motion nor the brief in
support explained to the plaintiff, who is proceeding pro
se, the consequences of failing to respond adequately to
the motion. A pro se litigant is entitled to a
plainly-worded notice of the consequences of failing to
respond to a motion for summary judgment. Timms v.
Frank, 953 F.2d 281, 285 (7th Cir. 1992); see Lewis
v. Faulkner, 689 F.2d 100, 102 (7th Cir. 1982).
“[T]his notice should include both the text of Rule
56(e) and a short and plain statement in ordinary English
that any factual assertion in the movant's affidavits
will be taken as true by the district court unless the
non-movant contradicts the movant with counter-affidavits or
other documentary evidence.” Timms, 953 F.2d
at 285; accord Lewis, 689 F.2d at 102.
plaintiff has not received the appropriate notice. Therefore,
by this order, the Court hereby gives NOTICE
to the plaintiff that the Court will take as true any fact
alleged in the defendant's affidavits unless the
plaintiff contradicts that fact with counter-affidavits or
other documentary evidence. If the plaintiff fails to
contradict the facts alleged by the defendant, the Court may
grant judgment in favor of the defendant and may dismiss this
case. Rule 56 reads as follows:
Motion for Summary Judgment or Partial Summary
Judgment. A party may move for summary judgment,
identifying each claim or defense- or the part of each claim
or defense-on which summary judgment is sought. The court
shall grant summary judgment if the movant shows that there
is no genuine dispute as to any material fact and the movant
is entitled to judgment as a matter of law. The court should
state on the record the reasons for granting or denying the
Time to File a Motion. Unless a different time is
set by local rule or the court orders otherwise, a party may
file a motion for summary judgment at any time until 30 days
after the close of all discovery.
Supporting Factual Positions. A party
asserting that a fact cannot be or is genuinely disputed must
support the assertion by:
(A) citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse
party cannot produce admissible evidence to support the fact.
Objection That a Fact Is Not Supported by Admissible
may object that the material cited to support or dispute a
fact cannot be presented in a form that would be admissible
Materials Not Cited. The court need
consider only the cited materials, but it may consider other
materials in the record.
Affidavits or Declarations. An affidavit or
declaration used to support or oppose a motion must be made
on personal knowledge, set out facts that would be admissible
in evidence, and show that the affiant or declarant is
competent to testify on the matters stated.
When Facts Are Unavailable to the Nonmovant. If a
nonmovant shows by affidavit or declaration that, for
specified reasons, it cannot present facts ...