court cannot act on a motion for summary judgment without giving the opposing party a reasonable opportunity to submit affidavits that contradict the affidavits submitted in support of the motion and that demonstrate a genuine issue of material fact); Winbourne v. Eastern Air Lines, Inc., 632 F.2d 219 (2d Cir.1980) (purpose of Rule 56(c) is to permit nonmoving party a meaningful opportunity to challenge motion for summary judgment). Recognizing the importance of giving the nonmovant a meaningful opportunity to respond to a motion for summary judgment, this circuit has strictly enforced the requirement of a 10 day advance notice that the court will take a motion for summary judgment under advisement as of a certain date. E.g., Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (<HOLDING>). The reasons for such a requirement “are
holding that district court has discretion when deciding to convert a defendants motion to dismiss to a motion for summary judgment holding that district court has limited authority under rule 59 to alter or amend judgment sua sponte so long as court acts within 10 days of entry of judgment holding that when a court sua sponte converts a motion to dismiss into a motion for summary judgment the court must give at least 10 days notice to the nonmovant holding that a motion to dismiss or for summary judgment precluded default judgment recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff