only a memorandum of law opposing summary judgment, his own
proposed facts, and a declaration attaching evidentiary material. (Docket
#25-28). The effect of this failure is that, for the purpose of deciding
summary judgment, the defendants’ uncontroverted statements of
material fact are deemed admitted. Civ. L. R. 56(b)(4); see also Fabriko
Acquisition Corp. v. Prokos, 536 F.3d 605, 607–08 (7th Cir. 2008) (“[A] district
court is entitled to demand strict compliance with [the local] rules for
responding to a motion for summary judgment, and . . . a court does not
abuse its discretion when it opts to disregard facts presented in a manner
inconsistent with the rules.”) (citation omitted).
The Court will consider Black’s proposed facts, (Docket #28-12),
only to the extent they do not contradict the defendants’ uncontroverted
proposed facts, (Docket #17).1
3.2
Relevant Facts
On January 15, 2017, Clarke boarded a plane bound for Milwaukee,
Wisconsin from the Dallas / Forth Worth International Airport. He took
his seat toward the front of the plane. Black boarded the plane after
Clarke, and, during the boarding process, stopped in the aisle
immediately adjacent to Clarke’s seat. Black asked Clarke if he was the
Milwaukee Sheriff, and Clarke responded affirmatively. Then, in what
Clarke believed was a physically threatening manner, Black stared at
Clarke and shook his head. As Black started to walk toward his seat,
Black filed amended proposed facts, an amended declaration, and
accompanying exhibits a day after his deadline to respond to the defendants’
summary judgment motion. He moved the Court to excuse the late filing and
accept his submissions, stating that technical problems prevented him from
completing a timely filing. (Docket #28). The defendants did not oppose Black’s
request. The Court will grant Black’s motion and accept his submissions.
1
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