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 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

NORTHERN DIVISION

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06CV767-MEF

)

JOHN E. POTTER, et al., )

)

Defendants. )

ORDER

Upon consideration of the motion to dismiss or, in the alternative, for summary

judgment filed February 20, 2007 by defendant American Postal Workers Union, AFL-CIO

(Doc. # 41), it is

ORDERED that the court will consider the evidentiary materials submitted with the

motion and may treat the motion as one for summary judgment. Plaintiff may respond to the

motion on or before March 23, 2007. The defendant may file a reply brief on or before April

3, 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 DIRECTED to provide the court with

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

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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. 

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 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.

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before April 5, 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:

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

Case 2:06-cv-00767-MEF-SRW Document 44 Filed 02/27/2007 Page 2 of 3
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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 27th day of February, 2007.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00767-MEF-SRW Document 44 Filed 02/27/2007 Page 3 of 3