Preview:

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

DANISH ACRES OF IDAHO, LLC, an Idaho Limited Liability Company, Plaintiff, v. PETER PHILLIPS, et. al., Defendants.

Case No. 4:11-cv-00495-BLW MEMORANDUM DECISION AND ORDER

INTRODUCTION The Court has before it Plaintiff's Motion for Summary Judgment (Dkt. 21). For the reasons explained below, the Court will grant the motion. ANALYSIS 1. Summary Judgment Legal Standard Summary judgment is appropriate where a party can show that, as to any claim or defense, "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). One of the principal purposes of the summary judgment "is to isolate and dispose of factually unsupported claims . . .." Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986). It is "not a disfavored procedural shortcut," but is instead the "principal tool[ ] by which factually insufficient claims or defenses [can] be isolated and prevented from going to trial with the attendant unwarranted consumption of public and private resources." Id. at 327. "[T]he mere
MEMORANDUM DECISION AND ORDER - 1

existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). There must be a genuine dispute as to any material fact

Download 30.pdf

Idaho Law