Opinion
CIVIL ACTION NO. 09-11708-GAO
11-16-2012
CORNWELL ENTERTAINMENT, INC. (f/k/a CEI ENTERPRISES, INC. and CORNWELL ENTERPRISES, INC.), PATRICIA D. CORNWELL, and STACI GRUBER, Ph.D., Plaintiffs, v. ANCHIN, BLOCK & ANCHIN LLP and EVAN H. SNAPPER, Defendants.
ORDER
O'TOOLE, D.J.
After careful consideration of the parties' submissions, I make the following rulings on the several pending motions for summary judgment:
The defendants' motion for partial summary judgment regarding "tax audit" claims (dkt. no. 105), which is unopposed, is GRANTED.
The defendants' several other motions for partial summary judgment on a variety of issues (dkt. nos. 93, 95, 97, 100, 107, and 112) and the plaintiffs' motion for summary judgment on the defendants' counterclaims (dkt. no. 100) are all DENIED. It is not possible with respect to any of the motions to say that there is no genuine dispute as to all material issues of fact, including factual issues potentially resolvable by inference, so that the movant is clearly entitled to judgment as a matter of law at this time. See Fed. R. Civ. P. 56(a). The substantive legal issues are better resolved on the evidence as it is actually produced at trial, and the parties will have an adequate opportunity to move for judgment as a matter of law at that time, as warranted by the trial evidence. See Fed. R. Civ. P. 50(a)(1).
The plaintiffs' motion to strike (dkt. no. 116) is DENIED.
It is SO ORDERED.
George A. O'Toole , Jr.
United States District Judge