Notice Regarding Opposing Motions For Summary Judgment {LF-101}

LF-101 (rev. 02/02/11)Page 1 of 5UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF FLORIDAwww.flsb.uscourts.gov In re:Case No.Chapter Debtor / Plaintiffvs.Adversary Proceeding No. Defendant /NOTICE REGARDING OPPOSING MOTIONS FOR SUMMARY JUDGMENT[Name of Movant] (the 223Movant224) has moved for summary judgment pursuant to Rule7056 of the Federal Rules of Bankruptcy Procedure, which adopts by reference Rule 56of the Federal Rules of Civil Procedure. This means that the Movant has asked the Courtto decide this matter in the Movant222s favor without a trial, based on written materials, whichmay include affidavits and other evidence, submitted in support of the motion. The claimsasserted by the Movant may be decided without a trial if the Court determines that thereis no genuine dispute as to any material fact and the Movant is entitled to judgment as amatter of law. You have a right to respond to the motion under Rule 56(c). Your response may include affidavits, declarations or other evidence in opposition to the motion. You mayNOT oppose summary judgment simply by relying on the statements you made in youranswer or original response. If you do not respond with affidavits or other evidencecontradicting the facts asserted by the Movant, the Court may accept these factualassertions as true. Therefore, it is important that you provide support to show that there is an issue for trial based on a dispute of the material facts . On the last page of this notice,you will find a form of affidavit which you may wish to use in responding to the motion forsummary judgment. Rule 56, which governs motions for summary judgment, provides as follows: American LegalNet, Inc. www.FormsWorkFlow.com LF-101 (rev. 02/02/11)Page 2 of 5Rule 56. Summary Judgment(a)Motion for Summary Judgment or Partial Summary Judgment. A partymay move for summary judgment, identifying each claim or defense 227 or the part of eachclaim or defense 227 on which summary judgment is sought. The court shall grant summaryjudgment if the movant shows that there is no genuine dispute as to any material fact andthe movant is entitled to judgment as a matter of law. The court should state on the recordthe reasons for granting or denying the motion.(b)Time to File a Motion. Unless a different time is set by local rule or thecourt orders otherwise, a party may file a motion for summary judgment at any time until30 days after the close of all discovery.(c)Procedures.(1)Supporting Factual Positions. A party asserting that a fact cannot beor is genuinely disputed must support the assertion by:(A)citing to particular parts of materials in the record, includingdepositions, documents, electronically stored information, affidavitsor declarations, stipulations (including those made for purposes ofthe motion only), admissions, interrogatory answers, or othermaterials; or(B)showing that the materials cited do not establish the absence orpresence of a genuine dispute, or that an adverse party cannotproduce admissible evidence to support the fact. American LegalNet, Inc. www.FormsWorkFlow.com LF-101 (rev. 02/02/11)Page 3 of 5(2)Objection That a Fact Is Not Supported by Admissible Evidence.A party may object that the material cited to support or dispute a factcannot be presented in a form that would be admissible in evidence.(3)Materials Not Cited. The court need consider only the cited materials,but it may consider other materials in the record.(4)Affidavits or Declarations. An affidavit or declaration used to supportor oppose a motion must be made on personal knowledge, set out factsthat would be admissible in evidence, and show that the affiant ordeclarant is competent to testify on the matters stated.(d)When Facts Are Unavailable to the Nonmovant. If a nonmovant showsby affidavit or declaration that, for specified reasons, it cannot present factsessential to justify its opposition, the court may:(1)defer considering the motion or deny it;(2)allow time to obtain affidavits or declarations or to take discovery; or(3)issue any other appropriate order.(e)Failing to Properly Support or Address a Fact. If a party fails to properlysupport an assertion of fact or fails to properly address another party222s assertion offact as required by Rule 56(c), the court may:(1)give an opportunity to properly support or address the fact;(2)consider the fact undisputed for purposes of the motion; American LegalNet, Inc. www.FormsWorkFlow.com LF-101 (rev. 02/02/11)Page 4 of 5(3)grant summary judgment if the motion and supporting materials 227including the facts considered undisputed 227 show that the movant isentitled to it; or(4)issue any other appropriate order.(f)Judgment Independent of the Motion. After giving notice and areasonable time to respond, the court may:(1)grant summary judgment for a nonmovant;(2)grant the motion on grounds not raised by a party; or(3)consider summary judgment on its own after identifying for the partiesmaterial facts that may not be genuinely in dispute.(g)Failing to Grant All the Requested Relief. If the court does not grant allthe relief requested by the motion, it may enter an order stating any material fact 227including an item of damages or other relief 227 that is not genuinely in dispute andtreating the fact as established in the case.(h)Affidavit or Declaration Submitted in Bad Faith. If satisfied that anaffidavit or declaration under this rule is submitted in bad faith or solely for delay, thecourt 227 after notice and a reasonable time to respond 227 may order the submittingparty to pay the other party the reasonable expenses, including attorney222s fees, itincurred as a result. An offending party or attorney may also be held in contemptor subjected to other appropriate sanctions. American LegalNet, Inc. www.FormsWorkFlow.com LF-101 (rev. 02/02/11)Page 5 of 5UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF FLORIDA[division name] DIVISIONIn re: CASE NO.:[number][debtor name(s)],CHAPTER [chapter number 7, 11 or 13]Debtor(s). /[use this section only for adversary proceedings][name(s) of plaintiff(s)],ADV. NO.: [number]Plaintiff(s),v.[name(s) of defendant(s)],Defendant(s). /DECLARATION UNDER PENALTY OF PERJURY I, [name of person making statements], being at least 18 years of age, herebydeclare based on my personal knowledge:[numbered paragraphs stating facts in support of your position]I declare under penalty of perjury under the laws of the United States ofAmerica that the foregoing is true and correct. Executed on [date signed]. [name of person signing declaration - you need to print or type the name clearly below the line and then have the person making the declaration sign his or her name above the line] American LegalNet, Inc. www.FormsWorkFlow.com