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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

NYKAZA GEE

)

Plaintiff, )

)

v. ) Case No. 3:15-cv-00442-JVB-CAN

)

ERIC PARRISH and BRADY 

JANOVITZ,

)

Defendants.

)

)

NOTICE OF SUMMARY-JUDGMENT MOTION

A summary-judgment motion has been filed against you. Attached is a copy of 

the motion. It asks the court to decide all or part of your case without a trial. It says 

that there should not be a full trial because you cannot win some or all of your claims. 

It asks the court to enter judgment against you. The party that filed the motion will 

win if the facts show that party is entitled to judgment. If you do not agree with the 

facts in the motion, you must submit affidavits or other evidence to dispute those 

facts.

Copies of Rule 56 and Local Rule 56-1 are also attached. You should carefully 

read—and follow—all the rules. The outcome of this case may depend on it. Following 

the rules does not guarantee that the summary-judgment motion will be denied. But 

if you do not follow the rules, you may lose this case.

Before the court rules on the motion, you have the right to file a response. If 

you do not respond to the summary-judgment motion, you may lose this case. If you 

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need more time to respond, you must file a motion asking for more time before the 

deadline expires. The court may—but is not required to—give you more time.

Fed. Rule Civ. Proc. 56. Summary Judgment

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may 

move for summary judgment, identifying each claim or defense - or the part of 

each claim or defense--on which summary judgment is sought. The court shall 

grant summary judgment if the movant shows that there is no genuine dispute 

as to any material fact and the movant is entitled to judgment as a matter of 

law. The court should state on the record the reasons for granting or denying 

the motion.

(b) Time to File a Motion. Unless a different time is set by local rule or the court 

orders otherwise, a party may file a motion for summary judgment at any time 

until 30 days after the close of all discovery.

(c) Procedures.

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is

genuinely disputed must support the assertion by:

(A) citing to particular parts of materials in the record, including 

depositions, documents, electronically stored information, affidavits or 

declarations, stipulations (including those made for purposes of the 

motion only), admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or

presence of a genuine dispute, or that an adverse party cannot produce

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admissible evidence to support the fact.

(2) Objection That a Fact Is Not Supported by Admissible Evidence. A party 

may object that the material cited to support or dispute a fact cannot be 

presented in a form that would be admissible in evidence.

(3) Materials Not Cited. The court need consider only the cited materials, but 

it may consider other materials in the record.

(4) Affidavits or Declarations. An affidavit or declaration used to support or 

oppose a motion must be made on personal knowledge, set out facts that would 

be admissible in evidence, and show that the affiant or declarant is competent 

to testify on the matters stated.

(d) When Facts Are Unavailable to the Nonmovant. If a nonmovant shows by 

affidavit or declaration that, for specified reasons, it cannot present facts

essential to justify its opposition, the court may:

(1) defer considering the motion or deny it;

(2) allow time to obtain affidavits or declarations or to take discovery; or

(3) issue any other appropriate order.

(e) Failing to Properly Support or Address a Fact. If a party fails to properly 

support an assertion of fact or fails to properly address another party's 

assertion of fact as required by Rule 56(c), the court may:

(1) give an opportunity to properly support or address the fact;

(2) consider the fact undisputed for purposes of the motion;

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(3) grant summary judgment if the motion and supporting materials--

including the facts considered undisputed--show that the movant is 

entitled to it; or

(4) issue any other appropriate order.

(f) Judgment Independent of the Motion. After giving notice and a reasonable 

time to respond, the court may:

(1) grant summary judgment for a nonmovant;

(2) grant the motion on grounds not raised by a party; or

(3) consider summary judgment on its own after identifying for the 

parties material facts that may not be genuinely in dispute.

(g) Failing to Grant All the Requested Relief. If the court does not grant all the 

relief requested by the motion, it may enter an order stating any material fact-

-including an item of damages or other relief--that is not genuinely in dispute 

and treating the fact as established in the case.

(h) Affidavit or Declaration Submitted in Bad Faith. If satisfied that an 

affidavit or declaration under this rule is submitted in bad faith or solely for 

delay, the court—after notice and a reasonable time to respond--may order the 

submitting party to pay the other party the reasonable expenses, including 

attorney's fees, it incurred as a result. An offending party or attorney may also 

be held in contempt or subjected to other appropriate sanctions.

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N.D. Ind. L.R. 56-1

(a) Moving Party’s Obligations. The brief supporting a summary-judgment 

motion or the brief’s appendix must include a section labeled “Statement of 

Material Facts” that identifies the facts that the moving party contends are 

not genuinely disputed.

(b) Opposing Party’s Obligations.

(1) Required Filings. A party opposing the motion must, within 28 days 

after the movant serves the motion, file and serve

(A) a response brief; and

(B) any materials that the party contends raise a genuine dispute.

(2) Content of Response Brief or Appendix. The response brief or its 

appendix must include a section labeled “Statement of Genuine 

Disputes” that identifies the material facts that the party contends are 

genuinely disputed so as to make a trial necessary.

(c) Reply. The movant may file a reply brief within 14 days after a response is 

served.

(d) Oral Argument. The court will decide summary-judgment motions without 

oral argument unless a request under L.R. 7-5 is granted or the court directs 

otherwise.

(e) Disputes about Admissibility of Evidence. Any dispute regarding the 

admissibility of evidence should be addressed in a separate motion.

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(f) Notice Requirement for Pro Se Cases. A party seeking summary judgment 

against an unrepresented party must serve that party with the notice 

contained in Appendix C.

Respectfully submitted, 

GREGORY F. ZOELLER 

Attorney General of Indiana 

Atty. No. 1958-98 

By: /s/ Philip A. Gordon

Philip A. Gordon

Deputy Attorney General

Atty. No. 31321-49

CERTIFICATE OF SERVICE

I hereby certify that on September 19, 2016, I electronically filed the foregoing 

Notice with the Clerk of the Court using the CM/ECF system. I further certify that I 

have mailed the foregoing by United States Postal Service, postage prepaid and 

properly addressed, to the following non CM/ECF participants:

Nykaza Gee

DOC #127839

Indiana State Prison

One Park Row

Michigan City, IN 46360

By: s/ Philip A. Gordon 

Philip A. Gordon

Deputy Attorney General

Counsel on behalf of State Defendant

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OFFICE OF INDIANA ATTORNEY GENERAL

Indiana Government Center South, 5th Floor 

302 West Washington Street

Indianapolis, IN 46204-2770

Telephone: (317) 232-6217

Fax: (317) 232-7979

Email: Philip.Gordon@atg.in.gov

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