E.D.N.C. Local Civil Rule 56.1

(a) Statement of Material Facts on Motion for Summary Judgment.

(1) Movant’s Statement. Any motion for summary judgment pursuant

to Federal Rule of Civil Procedure 56 shall be supported by a separate

statement, in numbered paragraphs, of the material facts as to which

the movant contends there is no genuine dispute.

(2) Opposing Statement. The memorandum opposing a motion for

summary judgment shall be supported by a separate statement that

includes a response to each numbered paragraph in the movant’s

statement in correspondingly numbered paragraphs and, if necessary,

additional paragraphs containing a statement of additional material

facts as to which the opposing party contends there is a genuine

dispute. Each numbered paragraph in the movant’s statement of

material facts will be deemed admitted for purposes of the motion

unless it is specifically controverted by a correspondingly numbered

paragraph in the opposing statement.

(3) Reply Statement. When a party opposing summary

judgment submits a statement of additional material facts as to which

it contends there is a genuine dispute, the movant may submit a reply

statement of additional facts limited to the additional facts referenced

in the statement submitted by the party opposing summary judgment.

(4) Citations. Each statement by the movant or opponent pursuant to

this Local Civil Rule must be followed by citation to evidence that

would be admissible, as required by Federal Rule of Civil Procedure

56(c). Citations shall identify with specificity the relevant page and

paragraph or line number of the evidence cited.

(5) Appendix. All evidence cited in moving or opposing statements,

such as affidavits, relevant deposition testimony, responses to

discovery requests, or other documents, shall be filed as an appendix

to the statement of facts prescribed by subsections (a)(1) or (2) of this

rule and denominated “Plaintiff’s/Defendant’s Appendix to Local

Civil Rule 56.1 Statement of Material Facts.”

(b) Exceptional Cases.

Where a party believes that compliance with this Local Civil Rule will be

exceptionally burdensome or is otherwise inappropriate, the party may

include a request for modification of or exemption from its requirements as

part of the Rule 26(f) report to the court or by separate motion.

(c) Cross-referencing.

Memoranda in support of or in opposition to a motion for summary judgment

as required by Local Civil Rule 7.1 or 7.2 may cross-reference or cite to the

statement and appendix prescribed by this Local Civil Rule without repeating

the contents thereof.