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Motion for Summary Judgment – Failure to Properly Respond

By: Derek Hawkins//September 1, 2015//

Motion for Summary Judgment – Failure to Properly Respond

By: Derek Hawkins//September 1, 2015//

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Civil

7th Circuit Court of Appeals

Officials: BAUER, ROVNER, and HAMILTON, Circuit Judges

Motion for Summary Judgment – Failure to Properly Respond

No.15-1095 Subah Packer v. Trustees of Indiana University School of Medicine

Appellant failure to respond to Defendant-respondent motion for summary judgment with references  “parts of the record confirming that there are genuine disputes of material fact . . .”

“However, as proof of Brater’s differential treatment of men and women, Packer supplied only general cites to the depositions of two witnesses, along with a cite to one paragraph of her own affidavit. The district court was well within its discretion to disregard the two deposition cites, which did not point the court to particular page numbers of the depositions, in violation of both Rule 56(c)(1)(A) and Local Rule 56-1(e). It is not the court’s role or obligation to read an entire deposition or affidavit in an effort to locate the particular testimony a party might be relying on; the court ought to know what portion of a witness’s testimony the party is invoking so that it can focus its attention on that testimony and assess whether it is admissible and actually supports the fact or inference for which it is cited. See Waldridge, 24 F.3d at 923 (court is entitled to rely on “roadmaps” required by local summary judgment rules, “and without them the court should not have to proceed further, regardless of how readily it might be able to discern the relevant information from the record on its own) (citing, inter alia, Bell, Boyd Lloyd v. Tapy, 896 F.2d 1101, 1102–03 (7th Cir. 1990)); see also D.Z. v. Buell, supra, 2015 WL 4652778, at *5.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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