Summary Judgment Granted Where Defendant Does Not Comply With Rule 56.1

WELLS FARGO PRACTICE FINANCE v. Norfleet, Dist. Court, ND Illinois 2012 – Google Scholar.

In a summary judgment motion, the moving party often submits a statement of undisputed facts that, if true, would allow it to obtain summary judgment.  The purpose of summary judgment, of course, is to grant judgment to the moving party if the facts are undisputed and the moving party has the legal right to judgment in its favor.

Local Rule 56.1 of the Northern District of Illinois requires the party responding to a summary judgment motion to controvert any statement of undisputed facts submitted by the defendant.

Here, in a breach of contract case the defendant did not controvert the statements in Wells Fargo’s statement of undisputed facts.  The court then held that summary judgment for Wells Fargo was proper.

Comment: responding to a summary judgment motion is an enormous amount of work.  The facts must be controverted with proof or the non-movant stands to lose the case.  Here, the failure to dispute the allegations allowed Wells Fargo to collect on a guaranty.

Edward X. Clinton, Jr.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s