Does a plaintiff have to respond to a Defendant's statement stating that the material facts contained in that statement are to be admitted as a matter of law?

MultiRegion, United States of America

The following excerpt is from Gubitosi v. Kapica, 154 F.3d 30 (2nd Cir. 1998):

1 Kapica asserts that, because plaintiff failed to respond to his Local Rule 3(g) statement, the material facts contained in his statement are deemed to be admitted as a matter of law. This is so. See Local Civil Rule 56.1(c) (former Local Civil Rule 3(g)), Local Civil Rules of the United States District Courts for the Southern and Eastern Districts of New York ("All material facts set forth in the statement required to be served by the moving party will be deemed to be admitted unless controverted by the statement required to be served by the opposing party."); see also Dusanenko v. Maloney, 726 F.2d 82, 84 (2d Cir.1984). We accept as true the material facts contained in defendants' Local Rule 3(g) statement because plaintiff failed to file a response. See Dusanenko, 726 F.2d at 84.

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