(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) 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/lines4-9).
(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.
(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.
(ii) any exception under Fed. R. Civ. P. 56 does not apply.
