Sneddon

Sneddon v. ABF Freight Systems

Good Law
489 F. Supp. 2d 1124·2007 WL 1231651·2007 U.S. Dist. LEXIS 30827
United States District Court, Southern District of CaliforniaApril 26, 2007Civil 05-CV-2374-L(JMA)California3,566 words

Opinion

Opinion

Lorenz, J.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [doc. # 15] and DIRECTING THE CLERK OF THE COURT TO ENTER JUDGMENT

Defendant moves for summary judgment or in the alternative, for summary adjudication. The.motion has been fully briefed and the Court finds this matter suitable for determination on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d)(1).

Summary Judgment Standard

Federal Rule of Civil Procedure 56 empowers the court to enter summary judgment on factually unsupported claims or defenses. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 327, 106 S.Ct. 2548 , 91 L.Ed.2d 265 (1986). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” FED. R. CIV. P. 56(c). A fact is material when, under the substantive governing law, it affects the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997).

The party…

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