Liu

Philip Morris USA Inc. v. Liu

Good Law
489 F. Supp. 2d 1119·2007 WL 1683315·2007 U.S. Dist. LEXIS 44425
United States District Court, Central District of CaliforniaJune 8, 2007CV 05 9015 ERCalifornia2,001 words

Opinion

Opinion

Rafeedie, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

The Court has received, read, and considered all papers filed in connection with Plaintiff Philip Morris USA Inc.’s motion for summary judgment against Defendant John X. Liu, and it hereby GRANTS Plaintiffs motion in its entirety for the following reasons:

I. Standard of Review

Summary judgment is appropriate where “there is no genuine issue as to any material fact” and “the moving party is entitled to judgment as a matter of law.” Fed R. Civ. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 325 , 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). Once the moving party has established that no genuine issue of material fact exists, the opposing party cannot rest on its pleadings. It must show the existence of a genuine issue by presenting real, probative evidence of the facts. FTC v. Publishing Clearing House, Inc., 104 F.3d 1168, 1170 (9th Cir.1997). There is no genuine issue where the only “evidence” of a disputed fact is uncorroborated, self-serving testimony. Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1061 (9th Cir.2002).

The Court notes that Defendant filed his opposition to Plaintiffs motion eight days late,…

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