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Summary-judgment motions, like many other court filings, are a matter of public record. So under Federal Rules of Civil Procedure 5.2, sensitive text like Social Security number, Taxpayer Identification Number, birthday, bank accounts and children's names, should be redacted from the summary-judgment motion and accompanying exhibits. [22]
In their reply, USDOJ challenged the motion for summary judgment as the discovery process for the declarants in support of the motion were scheduled for mid-to-late March, saying the "lack of a fair opportunity to test these asserted facts [the "Statement of Undisputed Fact" in the original motion] will necessarily hinter Defendants' efforts to ...
Rule 56 deals with summary judgment. It is considered the last gate-keeping function before trial, answering the question of whether the claim could even go to a jury. A successful summary judgment motion persuades the court there is no "genuine issue of material fact" and also that the moving party is "entitled to judgment as a matter of law."
A motion for extension was filed on June 4 by the plaintiffs asking that the discovery deadline set for June 24 be pushed back. The judge granted that extension and the deadline was moved to July 8.
Judge Sunshine Sykes denied Apple’s motion for summary judgment in November, ordering that the suit would have to be settled by a jury. Shyamalan is expected to testify, along with other ...
JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. [4] Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5]
Motions to dismiss and motions for summary judgment are types of dispositive motions. Rule 56, Federal Rules of Civil Procedure, is the rule which explains the mechanics of a summary judgment motion. As explained in the notes to this rule, summary judgment procedure is a method for promptly disposing of actions in which there is no genuine ...
Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other ...