Hinterberger v. Indianapolis, No. 19-3365 (7th Cir. 2020)
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After his development plan fell through and he went into bankruptcy, Hinterberger sued the city for failure to provide promised financial support. Discovery proceeded for almost two years. The city moved for summary judgment. The Southern District of Indiana’s Local Rule 56‐1 requires that a party seeking summary judgment include a “Statement of Material Facts Not in Dispute.” The opposing party must respond with a “Statement of Material Facts in Dispute” that “identifies the potentially determinative facts and factual disputes that the party contends demonstrate a dispute of fact precluding summary judgment.” The Rule prohibits the inclusion of any argument and requires that all asserted material facts be supported by specific citations. The movant’s facts are admitted unless the non‐ movant “specifically controverts” them in its factual statement, shows them to be unsupported, or demonstrates that reasonable inferences can be drawn in its favor.
The district court rejected Hinterberger’s statement in its entirety for failing to comply with Local Rule 56‐1, entered summary judgment for the city, and ordered Hinterberger’s attorneys to show cause why they should not be sanctioned. The Seventh Circuit affirmed. Hinterberger’s statement misrepresented the evidence, contained inaccurate and misleading citations to the record, and presented improper arguments rather than materially disputed facts.
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