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HEINEMANN v. SATTERBERG

No. 12-35404.

731 F.3d 914 (2013)

Theodore H. HEINEMANN, I, Plaintiff-Appellant, v. Daniel SATTERBERG, King County Prosecutor, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2013.

Attorney(s) appearing for the Case

Justin Price Wade (argued), Michael Barr King , Carney Badley Spellman, P.S., Seattle, WA, for Plaintiff-Appellant.

David Eldred , King County Prosecuting Attorney's Office, Seattle, WA, for Defendant-Appellee.

Before: M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and JED S. RAKOFF, District Judge.

OPINION

CLIFTON, Circuit Judge:

This appeal presents the question of whether Federal Rule of Civil Procedure 56, in its current form, prohibits a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party fails to respond. We conclude that it does.

In this case, in addition to citing such a local rule, the district court considered the motion on the merits and concluded that it should...

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