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HOUSING WORKS, INC. v. TURNER

United States District Court, Southern District of New York


September 9, 2003

HOUSING WORKS, INC., PLAINTIFF AGAINST JASON TURNER, ET AL., DEFENDANTS

The opinion of the court was delivered by: Lewis Kaplan, District Judge

ORDER

The defendants have moved for summary judgment dismissing the complaint.

The Court is advised that Judge Marrero, to whom this matter previously was assigned, set a fifty page limit for any memorandum of law in support of this motion. Defendants have complied with that limitation, albeit by omitting from the memorandum any statement of the facts beyond a brief summary of the nature of the case and referring the Court to the affidavits. They rely on twenty affidavits and declaration that appear to be more or less factual in nature. But they rely also on a 261 page, 891 paragraph affidavit of their attorney which contains an elaborate, detailed, lengthy and argumentative statement of facts of which the attorney manifestly has little or no personal knowledge. In addition, they have submitted a 123 page, 752 paragraph Statement pursuant to Local Rule 56.1, at least some of the assertions of which contain no record references, which are required by the Rule.

The Court is not obliged to wade through this morass. The motion for summary judgment is denied. This order is without prejudice to the filing of a revised motion, no later than September 30, 2003, which shall comply with the following requirements:

1. Any attorney's affidavit or declaration shall be restricted to facts of which the attorney has personal knowledge and shall not contain summaries of other evidence, argument or anything else beyond unadorned factual assertions as to which the attorney is a competent witness.

2. The Rule 56.1 Statement shall comply in all respects with the rule. Page 2

3. Any memorandum shall be limited to fifty pages.

4. The memorandum may incorporate by reference assertions of fact set forth in the Rule 56.1 Statement. Factual assertions contained in the memorandum, however, each shall be followed by specific record references.

SO ORDERED.

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20030909

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