Freckleton v. Mercy College NY
- Kenneth Karas
- 7:22-cv-01985
- U.S. District Court · Southern District of New York
- 2
Frecklton v. Mercy College NY: Judge Karas ordered procedural filings before considering Defendants’ summary-judgment motion.
Defendants must file the required factual statement and notice by January 3, 2025. Plaintiff must respond with a counterstatement by January 10, 2025. The order also directs the Clerk of Court to mail the order to Plaintiff.
What happened
In Frecklton v. Mercy College NY, Defendants moved for summary judgment, asking the court to resolve Plaintiff’s claims without a trial. The court focused on required filings rather than the claims’ merits.
The court said Defendants had to file a numbered statement of undisputed facts under Local Civil Rule 56.1. Because Plaintiff was proceeding without a lawyer, Defendants also had to provide the required notice explaining how to oppose summary judgment under Local Civil Rule 56.2.
Judge Kenneth M. Karas ordered Defendants to submit those filings by January 3, 2025, and ordered Plaintiff to respond with a counterstatement by January 10, 2025. The order did not decide the summary-judgment motion or the underlying claims.
The detailed version
- Freckleton v. Mercy College NY · No. 7:22-cv-01985
- Kenneth Karas
- Dec. 19, 2024
Background
Defendants filed a motion for summary judgment on June 10, 2024. Summary judgment is a request for a ruling without a trial when the material facts are not genuinely disputed. The opinion does not describe the underlying claims.
Required filings
The court explained that Local Civil Rule 56.1 requires a party seeking summary judgment to file a separate, numbered statement of the material facts it contends are undisputed. The opposing party must respond to each numbered paragraph and may add concise statements of additional facts that it contends are genuinely disputed. The court noted that failure to follow this rule can result in denial of the motion.
Because the nonmoving party was proceeding without a lawyer, Local Civil Rule 56.2 also required Defendants to file a separate notice explaining how to oppose a summary-judgment motion, with the relevant federal and local rules attached. The court noted that failure to provide this notice may also result in denial of the motion.
Order
The court ordered Defendants to submit a statement complying with Local Civil Rule 56.1 and a notice complying with Local Civil Rule 56.2 by January 3, 2025. It ordered Plaintiff to respond with a Rule 56.1 counterstatement by January 10, 2025. The Clerk of Court was directed to mail the order to Plaintiff. The order did not grant or deny Defendants’ summary-judgment motion and did not resolve the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.