Morris v. Sheraton Tunica Corporation

Full title: REBECCA MORRIS PLAINTIFF v. SHERATON TUNICA CORPORATION DEFENDANT

Court: United States District Court, N.D. Mississippi, Delta Division

Date published: Jan 21, 2011

CIVIL ACTION NO. 2:09CV133-P-S (N.D. Miss. Jan. 21, 2011)

Opinion

CIVIL ACTION NO. 2:09CV133-P-S.

January 21, 2011

ORDER

W. PEPPER JR., District Judge

This cause is before the Court on the defendant's Motion for Summary Judgment [43]. The Court, having reviewed the motion, the response, the briefs of the parties, the authorities cited and being otherwise fully advised in the premises, finds as follows, to-wit:

That the plaintiff has demonstrated a triable issue of fact with regard to her claim against the defendant. Accordingly, summary judgment is inappropriate. In ruling on a motion for summary judgment, the court is not to make credibility determinations, weigh evidence, or draw from the facts legitimate inferences for the movant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). Rather, the evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in its favor. Id. at 255. The United States Supreme Court has granted the trial court some degree of flexibility when confronted with a summary judgment motion: "Neither do we suggest . . . that the trial court may not deny summary judgment in a case where there is reason to believe that the better course would be to proceed to a full trial." Id.

IT IS, THEREFORE, ORDERED AND ADJUDGED that the defendant's [43] Motion for Summary Judgment is not well-taken and should be, and hereby is, DENIED.

SO ORDERED, this the 21^ST day of January, 2011.