Chapter 28 - EXHIBIT 28J • EXAMPLES OF ARTICLE III JUDGES' SUMMARY JUDGMENT MOTION REQUIREMENTS

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EXHIBIT 28J • EXAMPLES OF ARTICLE III JUDGES' SUMMARY JUDGMENT MOTION REQUIREMENTS

This chart illustrates examples of the variations among the active Article III Judges with respect to certain aspects of Summary Judgment Motions.

Judicial

Officer

Factual Section

Page Limitations

Typeface

Hon. Marcia S.

Krieger

Parties must identify each element

for each claim or defense. Then, the

parties must identify the facts that

prove the element and pinpoint

location in the filed record.

None.

None specified.

Hon. Robert E.

Blackburn

No specified requirements for the

factual section.

20 pages total for

all Rule 56

motions and

response briefs; 10

for reply briefs.

Certificate of

service does not

count toward

limit.

Arial 12 point

(exclusive of

footnotes and

endnotes).

Hon. Phillip A.

Brimmer

Each fact must be set forth in

simple, declarative sentences,

separately numbered and

paragraphed, with a specific

reference to the record. Responding

party must admit or deny each of the

asserted facts in paragraphs

numbered to correspond to movant's

paragraph numbering. Responding

party may prepare a "Statement of

Additional Disputed Facts." Legal

argument is not permitted in factual

section of the brief.

20 pages total for

all Rule 56

motions and

response briefs; 10

for reply briefs.

Certificate of

service does not

count toward

limit.

No smaller than 12-

point type for text

and footnotes.

Hon. Christine

M. Arguello

Parties must identify each element

for each claim or defense. Then, the

parties must identify the facts that

prove the element and pinpoint

location in the filed record.

20 pages total for

all Rule 56

motions and

response briefs; 10

for reply briefs.

Signature block

and certificate of

service do not

count toward

limit. Exceptions

may be granted for

good cause.

Arial 12 point,

including footnotes.

Hon. William

J. Martinez

Each fact must be set forth in

simple, declarative sentences,

separately numbered and

paragraphed, with a specific

reference to admissible evidence in

the record. Responding party must

admit or deny each of the asserted

facts in paragraphs numbered to

correspond to movant's paragraph

numbering. Responding party may

prepare a "Statement of Additional

Disputed Facts." Legal argument is

not permitted in factual section of

the brief.

40 pages for Rule

56 motions and

response briefs

(other than Early

Motions for

Partial Summary

Judgment); 20 for

reply briefs.

Arial 12...

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