United States District Court, S.D. Illinois
ORDER and FEDERAL RULE OF CIVIL PROCEDURE 56
G. WILKERSON United States Magistrate Judge
in this matter have filed a Motion for Summary Judgment
pursuant to Federal Rule of Civil Procedure 56(a) in which
they argue that they are entitled to judgment as a matter of
law on one or all of Plaintiff's claim(s). The Motion and
supporting memorandum (with exhibits) was filed on January
11, 2017 (Docs. 113 and 114).
pro se litigant, a person who is not represented by
counsel in this matter, you are entitled to notice of the
consequences of failing to respond to the Motion for Summary
Judgment. Timms v. Frank, 953 F.2d 281 (7th Cir.
1992); Lewis v. Faulkner, 689 F.2d 100 (7th Cir.
1982). Federal Rule of Civil Procedure 56 provides, in
(a) 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
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
Evidence. A party may object that the material
cited to support or dispute a fact cannot be presented in a
form that would be admissible in evidence.
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.
Failing to Properly Support or Address a Fact. If a
party fails to properly support an assertion of fact or fails
to properly address another party's assertion of fact as
required by Rule 56(c), the court may:
(1) give an opportunity to properly support or address ...