S.D. Fla. L.R. 56.1

(a) Statements of Material Facts.

(1) A motion for summary judgment and the opposition to it shall each be accompanied

by a separate and contemporaneously filed and served Statement of Material Facts.

The movant’s Statement of Material Facts shall list the material facts that the

movant contends are not genuinely disputed.

(2) An opponent’s Statement of Material Facts shall clearly challenge any purportedly

material fact asserted by the movant that the opponent contends is genuinely in

dispute. An opponent’s Statement of Material Facts also may thereafter assert

additional material facts that the opponent contends serve to defeat the motion for

summary judgment.

(3) The movant shall respond to any additional facts asserted in the opponent’s

Statement of Material Facts even if the movant does not serve a reply

memorandum. The due date for the Reply Statement of Material Facts is the due

date for the reply memorandum.

(b) Form Required for Statements of Material Facts.

(1) All Statements of Material Facts. All Statements of Material Facts (whether filed

by the movant or the opponent) shall be filed and served as separate documents and

not as exhibits or attachments. In addition, the Statements of Material Facts shall:

(A) Not exceed ten (10) pages;

(B) Consist of separately numbered paragraphs, limited as far as

practicable to a single material fact, with each fact supported by

specific, pinpoint references to particular parts of record material,

including depositions, documents, electronically stored information,

affidavits, stipulations (including those made for purposes of the

motion only), admissions, and interrogatory answers (e.g., Exhibit

D, Smith Affidavit, ¶2; Exhibit 3, Jones deposition, p. 12/lines 4-9).

The pinpoint citations shall reference pages (and line numbers, if

appropriate, of exhibits, designate the number and title of each

exhibit, and provide the ECF number of all previously filed

materials used to support the Statement of Material Facts. When a

material fact requires specific evidentiary support, a general citation

to an exhibit without a page number or pincite (e.g., “Smith

Affidavit” or “Jones Deposition” or “Exhibit A”) is non-compliant.

If not already in the record on CM/ECF, the materials shall be

attached to the statement as exhibits specifically titled within the

CM/ECF system (e.g., Smith Affidavit dated April 12, 2017, Jones

Deposition dated May 19, 2018). Reference to a previously filed

exhibit shall use the “ECF No.” format.

(2) Opponent’s Statement of Material Facts.

(A) In addition to complying with the requirements of sub-section (b)(1),

an opponent’s Statement of Material Facts shall correspond with the

order and paragraph numbering format used by the movant, but it

shall not repeat the text of the movant’s paragraphs.

(B) An opponent’s Statement of Material Facts shall use, as the very first

word in each paragraph-by-paragraph response, the word “disputed”

or “undisputed.”

(C) If an opponent’s Statement of Material Facts disputes a fact in the

movant’s Statement of Material Facts, then the evidentiary citations

supporting the opponent’s position must be limited to evidence

specific to that particular dispute.

(D) Any additional facts that an opponent contends are material to the

motion for summary judgment shall be numbered and placed

immediately after the opponent’s response to the movant’s Statement

of Material Facts. The additional facts shall use separately numbered

paragraphs beginning with the next number following the movant’s

last numbered paragraph. The additional facts shall be separately

titled as “Additional Facts” and may not exceed five (5) pages

(beyond the ten- (10) page limit for the opponent’s Statement of

Material Facts.

(3) Reply Statement of Material Facts.

(A) If an opponent’s Statement of Material Facts includes additional

facts, then the movant shall respond to each additional fact in a

separately served Reply Statement of Material Facts.

(B) The Reply Statement of Material Facts shall correspond with the

order and paragraph numbering format used in the opponent’s

additional facts, identifying with the very first word in each fact as

“disputed” or “undisputed” at the beginning of each paragraph in the

statement, and, if disputed, citing to particular parts of materials in

the record in the same manner as required by subsections (b)(1) and

(b)(2).

(C) The movant may file and serve a reply memorandum of law, which

is separate and distinct from the required Reply Statement of

Material Facts addressing the opponent’s additional facts.

(c) Effect of Failure to Controvert Undisputed Facts. All material facts in any party’s Statement

of Material Facts may be deemed admitted unless controverted by the other party’s Statement

of Material Facts, provided that: (i) the Court finds that the material fact at issue is supported

by properly cited record evidence; and (ii) any exception under Fed. R. Civ. P. 56 does not

apply.

(d) Consequences of Non-Compliance. If a party files and serves any Statement of Material Facts

that does not comply with this rule, then the Court may strike the Statement, require immediate

compliance, grant relief to any opposing party for any prejudice arising from a non-compliant

statement or response, or enter other sanctions that the Court deems appropriate.

(e) Prohibition Against Multiple Motions for Summary Judgment. Filing and service of

multiple motions for partial summary judgment is prohibited, absent prior permission of the

Court. This prohibition does not preclude a party from filing both a motion for summary

judgment asserting an immunity from suit and a later motion for summary judgment addressing

any issues that may remain in the case. This prohibition also is not triggered when, as permitted

by Fed. R. Civ. P. 12(d), the Court elects to treat a motion filed pursuant to Fed. R. Civ. P.

12(b) or 12(c) as a summary judgment motion.