United States District Court, E.D. Louisiana
ORDER AND REASONS
D. ENGELHARDT UNITED STATES DISTRICT JUDGE.
before the Court are the remaining portion of Defendants'
motion for partial summary judgment (Rec. Doc. 315) and
Defendants' related motion to strike exhibits (Rec. Doc.
341) . The Court rules on the motions as stated
Summary Judgment Standard
to Rule 56(a) of the Federal Rules of Civil Procedure,
summary judgment shall be granted "if the movant shows
that there is no genuine dispute as to any material fact and
the movant is entitled to a judgment as a matter of
law." Fed.R.Civ.P. 56(a). The materiality of facts is
determined by the substantive law's identification of
which facts are critical and which facts are irrelevant.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248
(1986). A fact is material if it "might affect the
outcome of the suit under the governing law."
dispositive issue is one on which the nonmoving party will
bear the burden of proof at trial, the moving party may
satisfy its summary judgment burden by merely pointing out
that the evidence in the record contains insufficient proof
concerning an essential element of the nonmoving party's
claim. See Fed. R. Civ. P. 56(c); Celotex Corp.
v. Catrett, 477 U.S. 317, 325 (1986); see also
Lavespere v. Liberty Mut. Ins. Co., 910 F.2d 167, 178
(5th Cir. 1990). Once the moving party carries its burden
pursuant to Rule 56(a), the nonmoving party must "go
beyond the pleadings and by [his] own affidavits, or by the
'depositions, answers to interrogatories, and admissions
on file, ' designate 'specific facts showing that
there is a genuine issue for trial.'"
Celotex, 477 U.S. at 324; see also Matsushita
Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S.
574, 587 (1986); Auguster v. Vermillion Parish School
Bd., 249 F.3d 400, 402 (5th Cir. 2001).
considering a motion for summary judgment, the Court views
the evidence in the light most favorable to the nonmoving
party, Gillis v. Louisiana, 294 F.3d 755, 758 (5th
Cir. 2002), and draws all reasonable inferences in favor of
that party. Hunt v. Rapides Healthcare System,
L.L.C., 277 F.3d 757, 764 (2001). Factual controversies
are to be resolved in favor of the nonmoving party, "but
only when there is an actual controversy, that is, when both
parties have submitted evidence of contradictory facts."
Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th
Cir.1994) (citations omitted). The Court will not, "in
the absence of any proof, assume that the nonmoving party
could or would prove the necessary facts." See
Id. (emphasis in original) (citing Lujan v.
Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990)).
the Court is to consider the full record in ruling on a
motion for summary judgment, Rule 56 does not obligate it to
search for evidence to support a party's opposition to
summary judgment. See Fed. R. Civ. P.
56(c)(3)("court need consider only the cited
materials"); Malacara v. Garber, 353 F.3d 393,
405 (5th Cir. 2003) ("When evidence exists in the
summary judgment record but the nonmovant fails even to refer
to it in the response to the motion for summary judgment,
that evidence is not properly before the district
court."). Thus, the nonmoving party should
"identify specific evidence in the record, and
articulate" precisely how that evidence supports his
claims. Forsyth v. Barr, 19 F.3d 1527, 1537 (5th
Cir.), cert. denied, 513 U.S. 871 (1994). The
nonmovant's burden, however, is not satisfied merely by
creating "some metaphysical doubt as to the material
facts, " "by conclusory allegations, " by
"unsubstantiated assertions, " or "by only a
scintilla of evidence." Little, 37 F.3d at
1075. Rather, a factual dispute precludes a grant of summary
judgment only if the evidence is sufficient to permit a
reasonable trier of fact to find for the nonmoving party.
Smith v. Amedisys, 298 F.3d 434, 440 (5th Cir.
respect to summary judgment procedure, Rule 56(c)
Rule 56. Summary Judgment
(1) Supporting Factual Positions. A party asserting
that a fact cannot be or is genuinely disputed must support
the assertion by:
(A) citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse
party cannot produce ...