1. Statement of Undisputed Material Facts. Every motion for summary judgment seeking relief under Fed. R. Bankr. P. 7056 must be accompanied by a separate statement identifying the material facts that the movant contends are undisputed. Each fact must be set forth in a separate numbered paragraph and must include a specific citation to material referenced in Fed. R. Civ. P. 56(c) that establishes the fact. Failure to submit such a statement may constitute grounds for denial of the summary judgment motion.
2. Response to Statement of Undisputed Material Facts. Every response to a motion for summary judgment must be accompanied by a response to the movant's statement of undisputed material facts. The response must separately address each paragraph of the movant's statement by:
a. agreeing that the fact is undisputed;
b. agreeing that the fact is undisputed for the purposes of summary judgment only; or
c. stating that the fact is disputed as demonstrated by specific citation to material allowed by Fed. R. Civ. P. 56(c).
The response may also include a statement of additional material facts that the respondent contends are disputed, thereby requiring denial of the motion.
3. Facts Deemed Admitted. In deciding a motion for summary judgment, material facts identified and adequately supported in the movant’s statement of undisputed material facts are deemed to be admitted, except to the extent such facts are: (a) disputed in the opposing party’s response, and (b) adequately controverted by evidence filed in support of the response.
4. Evidence. The movant is responsible for filing with the court all necessary evidentiary documents cited in the motion. The respondent is responsible for filing with the court all necessary evidentiary documents cited in the response. Any documents filed in support of, or in opposition to, a motion for summary judgment shall be labeled and bookmarked to ensure efficient navigation.
On April 12, 2021, Judge Gregg implemented the Mortgage Modification Program (the "MMP"), which is a pilot program establishing procedures to facilitate the potential modification of mortgages, deeds of trust and other instruments encumbering the primary residence of a chapter 13 debtor. The MMP is the result of a collaborative effort undertaken by an ad hoc committee representing the interests of consumer debtors, chapter 13 trustees, mortgage holders/servicers, and mediators. The MMP is available for use in all chapter 13 cases currently pending before Judge Gregg.
Any party seeking to commence the MMP should carefully review the procedures, which are available here as a PDF and here as a webpage. The MMP requires the use of a “portal” for the efficient and timely exchange of information. In addition, certain forms are prescribed for use in order to reduce the fees and expenses of all parties. The forms are available via hyperlinks embedded in the MMP procedures and separately in the Appendix available here.
Judge Gregg invites parties to provide comments with respect to the MMP by sending an email to JTG_Chambers@miwb.uscourts.gov. Upon receipt of any comment, Judge Gregg will circulate it to the ad hoc committee for consideration.
Effective January 1, 2023, Judge Gregg has implemented the following procedures, which shall remain in effect until further notice: