Opinion
CASE NO. 4:14cv17-RH/CAS
12-27-2014
ORDER DENYING SUMMARY JUDGMENT
The defendant has moved for summary judgment. On a summary-judgment motion, factual disputes must be resolved, and all reasonable inferences must be drawn, in favor of the nonmoving party. The question is whether the moving party is entitled to judgment even when the facts are viewed that way. Here the answer is no. This case presents genuine factual disputes that can be resolved only at trial.
This does not mean the issues should not be narrowed under Federal Rule of Civil Procedure 56(g) or as part of the pretrial process. This will be addressed at the pretrial conference.
SO ORDERED on December 27, 2014.
s/ Robert L. Hinkle
United States District Judge