1

 The motion will be submitted for decision without oral argument. Should the court

determine that oral argument is necessary, a hearing date will be scheduled later.

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 1:06cv737-WKW

)

DOTHAN RESCUE MISSION, )

)

Defendant. )

ORDER

Upon consideration of the motion for summary judgment filed January 29, 2007 by

defendant Dothan Rescue Mission (Doc. # 36), it is

ORDERED that the plaintiff may respond to the motion for summary judgment on or

before February 19, 2007. The defendant may file a reply brief on or before March 1, 2007.1

Any documents or evidence filed after the applicable deadline will not be considered by the

court except in exceptional circumstances.

It is further ORDERED that the parties are REQUESTED to provide the court with

courtesy photocopies of their summary judgment briefs and evidentiary submissions on or

before March 1, 2007.

 In responding to a motion for summary judgment, the parties should make specific

reference to the following provisions of Rule 56(e), Federal Rules of Civil Procedure:

Case 1:06-cv-00737-WKW-SRW Document 38 Filed 02/02/2007 Page 1 of 3
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 An affidavit is a sworn statement in writing made under oath or on affirmation before a

notary public or other authorized officer. The affidavit must be made on personal knowledge, set

forth such facts as would be admissible in evidence, and show affirmatively that the affiant is

competent to testify to the matters stated in the affidavit. A declaration under penalty of perjury

that meets the requirements of 28 U.S.C. § 1746 is also an acceptable form of evidence.

 3

 If the party opposing the motion is unable to present, by affidavit or declaration, facts

essential to justify his opposition, then he must file a sworn statement as to why he is unable to

do so.

When a motion for summary judgment is made and supported

as provided in this rule, an adverse party may not rest upon the

mere allegations or denials of his pleading, but his response, by

affidavits or as otherwise provided for in this rule, must set forth

specific facts showing that there is a genuine issue for trial. 

A party opposing a motion for summary judgment cannot rely only on his unsworn

pleadings but must oppose the motion by filing sworn affidavits 2

, depositions, or answers

to interrogatories that set forth specific facts which demonstrate that there is a genuine issue

of material fact for trial in this case. Failure to file sworn affidavits or other acceptable

evidence as set forth in Rule 56(e) may result in this court accepting the moving party's

evidence as the truth.3

 If documents are referred to in the opposing affidavits and have not

been previously filed with the court, sworn or certified copies of those papers must be

attached to the affidavits or served with them. 

Failure to follow the requirements of Rule 56 regarding the proper way to oppose a

motion for summary judgment may result in a recommendation of the Magistrate Judge that

the motion be granted and that final judgment be entered in favor of the moving party

without an evidentiary hearing.

DONE, this 2nd day of February, 2007.

Case 1:06-cv-00737-WKW-SRW Document 38 Filed 02/02/2007 Page 2 of 3
/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

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