The district court correctly distinguished
Altobello on the ground that Tennessee, unlike Louisiana, had maintained “a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.”
Pub.L. No. 93–579, § 7, 88 Stat. 1896, 1909. Tennessee enacted its statute requiring social security numbers for voter registration in 1972. The court also correctly concluded that when McKay failed to respond to the motion for summary judgment, he defaulted on his duty to produce affirmative evidence capable of raising a material question of fact about whether the state had a “system of records” in effect prior to the enactment of the Privacy Act.
See, e.g., Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479 (6th Cir.1989) (discussing nonmovant's affirmative burden). We decline to entertain the arguments regarding other material questions of fact raised for the first time in McKay's reply brief.
See United States v. Jerkins, 871 F.2d 598, 602 n. 3 (6th Cir.1989).