Tenth Circuit: Watchous Enterprises v. Mournes, et al.

 Local rule that uncontroverted facts were to be used against the nonmovant at summary judgment did not limit the effects of nonresponse to summary judgment.  The nonmovant must either contest the facts or show that the facts should not be established at the summary judgment stage.  Absent that, the facts, if not contested later at trial, could be included in the court's instructions for the verdict or used as a basis for in limine exclusion orders (subject to challenge as to the uncontroverted facts).

On appellate review, there must be a showing as to each disputed fact, not just a list of facts claimed to have been disputed. Court did not abuse discretion in admitting the challenged facts, given the testimony.  

Watchous Enterprises v. Mournes, et al.