Goltz v. University of Notre Dame Du Lac

177 F.R.D. 638, 1997 U.S. Dist. LEXIS 20704, 75 Fair Empl. Prac. Cas. (BNA) 1674, 1997 WL 798097
CourtDistrict Court, N.D. Indiana
DecidedNovember 14, 1997
DocketCause No. 3:96 CV 405 AS
StatusPublished
Cited by13 cases

This text of 177 F.R.D. 638 (Goltz v. University of Notre Dame Du Lac) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goltz v. University of Notre Dame Du Lac, 177 F.R.D. 638, 1997 U.S. Dist. LEXIS 20704, 75 Fair Empl. Prac. Cas. (BNA) 1674, 1997 WL 798097 (N.D. Ind. 1997).

Opinion

MEMORANDUM AND ORDER

SHARP, District Judge.

This cause is before the court on Plaintiffs Motion to Strike. The underlying cause of action arises from an employment discrimination charge against which the defendant has filed a motion for summary judgment. Pursuant to the requirements of Local Rule 56.1, Plaintiff, Sonia Goltz (Goltz), filed her response brief and statement of genuine issues in opposition to defendant’s motion. Defendant, University of Notre Dame du Lac (Notre Dame), filed its fifteen page reply brief.1 In addition to the reply brief Notre Dame filed a sixty-six (66) page “response to plaintiffs statement of genuine issues.” This document is the subject of the present motion to strike. For the foregoing reason this Court grants plaintiffs motion.

The Court begins its analysis with a few remarks about the nature of summary judgment. It is not, as parties opposing summary judgment are fond of pointing out, a vehicle for resolving factual disputes. 10 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure: Civil § 2712, at 574 (2d ed.1983). Moreover, because summary judgment is not a paper trial, the district court’s role in deciding the motion is not to sift through the evidence, pondering the nuances and inconsistencies, and decide whom to believe.2 The court has one task and one task only: to decide, based on the evidence of record, whether there is any material dispute of fact that requires a trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986); 10 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane § 2712, at 574-78. District courts are not obliged in our adversary system to scour the record looking for factual disputes and may adopt local rules reasonably designed to streamline the resolution of summary judgment motions. Herman v. City of Chicago, 870 F.2d 400, 404 (7th Cir. 1989); Bell, Boyd & Lloyd v. Tapy, 896 F.2d 1101, 1103-04 (7th Cir.1990); see also, L.S. Heath & Son, Inc. v. AT&T Info. Sys., Inc., 9 F.3d 561, 567 (7th Cir.1993), reh’g denied. Whether to apply such a rule strictly or to overlook any transgression is a matter left to [640]*640the district court’s discretion. See McGann v. Northeast Ill. Reg. Commuter R.R., 8 F.3d 1174, 1178 n. 3 (7th Cir.1993), reh’g denied; Schulz v. Serfilco, Ltd., 965 F.2d 516, 519 (7th Cir.1992). The local rules promulgated under Federal Rule of Civil Procedure 83 have the force of law. See generally, 10A Wright & Miller, § 2971, pp. 11-12 (1983 ed.). One purpose of the local rules is to aid in the administration of justice by requiring that motions for summary judgment be properly briefed. Tatalovich v. City of Superior, 904 F.2d 1135, 1140 (7th Cir.1990); Bell, Boyd & Lloyd, 896 F.2d 1101, 1102-03. Additionally, “[a] local rule of a federal district court is written by and for district judges to deal with the special problems of their court, and courts therefore give a district judge’s interpretation of his court’s local rules considerable weight.” 896 F.2d at 1101; Schulz, 965 F,2d at 519. Pleadings that do not conform with the local rules may be stricken at the discretion of the court. See Bell, Boyd & Lloyd, 896 F.2d at 1103; Pfeil v. Rogers, 757 F.2d 850, 858 (7th Cir.1985), cert, denied, 475 U.S. 1107, 106 S.Ct. 1513, 89 L.Ed.2d 912 (1986); Graham v. Security Sav. & Loan, 125 F.R.D. 687, 688-89 (N.D.Ind.1989), ajfd, 914 F.2d 909 (7th Cir.1990). Moreover, it is a reasonable judgment on the part of the district court that strict, consistent, “bright-line” enforcement is essential to obtaining compliance with the rule and to ensuring that long-run aggregate benefits in efficiency inure to district courts. Midwest Imports, Ltd. v. Coval, 71 F.3d 1311 (7th Cir.1995). With this in mind, the court now addresses the particular facts currently before it.

Two Local Rules pertain to Summary Judgment filings. First, Rule 56.1 specifically states:

The movant is required to file a supporting brief including a statement of material facts supported by appropriate citations to discovery responses. The party opposing the motion is to file affidavits and other documentary material controverting the movant’s position together with an answer brief that includes in its text or appendix a “statement of genuine issues.”

U.S. Dist.Ct.Rules N.D.Ind., Rule 56.1; see also Hartford Fire Ins. Co. v. Pure Air on the Lake Ltd. Partnership, 859 F.Supp. 1189 (N.D.Ind.1994) (acknowledging that Rule 56.1 provides for a movant’s statement of facts and a non-movant’s statement of genuine issues). Notre Dame is correct in that while there is no provision for a separate “response to a statement of Genuine Facts” there also is no express prohibition of such a response. (Def. Opp’n to Mot. to Strike, 114). As a result, Notre Dame asks this Court to interpret Rule 56.1 to mean that anything not expressly prohibited is allowed. However, Local Rule 7.1 adds further clarification regarding filings. Rule 7.1(b) specifically states:

[ejxcept by permission of the court, no brief shall exceed 25 pages in length (exclusive of any pages containing a table of contents, table of authorities and appendices), and no reply brief shall exceed 20 pages. Permission to file briefs in excess of these page limitations will be granted only upon motion supported by extraordinary and compelling reasons. (emphasis added).

U.S. Dist. Court Rules N.D.Ind., Rule 7.1. As evidenced by the case law, infra, the courts have repeatedly recognized the importance and usefulness of local rules throughout this and other circuits, as well as “the exacting obligation these rules impose on a party contesting summary judgment.” See Waldridge v. American Hoechst Corp., 24 F.3d 918, 921-22 (7th Cir.1994), reh’g denied, (and cases cited therein).3 Moreover, it is [641]*641clear that the decision whether to apply the rule strictly or to overlook any transgression is one left to the district court’s discretion. Id. at 923; Little v. Cox’s Supermarkets, 71 F.3d 637 (1995); Cf. Midwest Grinding Co., Inc. v. Spitz, 976 F.2d 1016, 1020 (7th Cir. 1992).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
177 F.R.D. 638, 1997 U.S. Dist. LEXIS 20704, 75 Fair Empl. Prac. Cas. (BNA) 1674, 1997 WL 798097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goltz-v-university-of-notre-dame-du-lac-innd-1997.