Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)

Citation: Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)
Parent Document: Rolfs v. Home Depot U.S.A., Inc., 971 F. Supp. 2d 197 (2013)
Jurisdiction: New Hampshire (state)
Effective Date: 2013-09-20
Original Source: https://www.courtlistener.com/opinion/8728300/rolfs-v-home-depot-usa-inc/ ↗

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A good argument could be made that Home Depot’s ten-page, fifty-two paragraph statement of material facts is more extensive than the “short and concise statement of material facts,” LR 7.2(b)(1) (emphasis added), contemplated by the Local Rules of this District. Rolfs’ Rule 7.2(b)(2) counter statement, which runs for more than eighteen pages, is longer, less concise, and more argumentative than Home Depot’s statement. In addition, Rolfs does not identify a single fact from Home Depot’s statement “as to which [it] contends a genuine dispute exists so as to require a trial.” LR 7.2(b)(2). Because Rolfs does not challenge any of the facts in Home Depot’s statement, those “that are supported by appropriate record citations,” LR 7.2(b)(1), are, necessarily, deemed admitted, see LR 7.2(b)(2). Accordingly, the facts related in this section are drawn, in the first instance, from Home Depot’s memorandum of law, see id., but are also augmented by facts drawn from “other materials in the record,” Fed. R.Civ.P. 56(c)(3).

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