Winston & Strawn, LLP v. James P. McLean, Jr.

In 2013, Winston & Strawn filed a lawsuit against McLean, and, weeks later, moved for summary judgment. The district court informed McLean that he was required to respond by August 18, 2014, and advised him that if he did not the court might treat the motion as conceded. He emailed his response to Winston & Strawn and mailed it to the court on August 18, but it did not arrive until August 20. On August 19, the court granted the motion, relying solely on Local Rule 7(b), under which the court has discretion to treat a motion “as conceded” if the nonmoving party fails to timely file an opposition. The court denied reconsideration. The D.C. Circuit reversed. Under the Federal Rules of Civil Procedure (Rule 56(a)), a motion for summary judgment cannot be “conceded” for want of opposition. “The burden is always on the movant to demonstrate why summary judgment is warranted.” There is nothing to indicate that the district court considered whether Winston’s assertions warranted judgment under Rule 56. A court must always engage in the analysis required by Rule 56 before acting on a motion for summary judgment. View "Winston & Strawn, LLP v. James P. McLean, Jr." on Justia Law