Western Parcel Express v. United Parcel Service of America, Inc.

OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

Defendants have moved for summary judgment. The motion was opposed, briefed, argued and submitted for decision. The court has reviewed the moving and opposing papers, the records submitted by both sides in connection with the motion, the record of the case, the applicable legal authorities and the arguments of counsel.

I.

Since this is a motion for summary judgment, this court is governed by the standards of Rule 56 of the Federal Rules of Civil Procedure. That is, summary judgment can be granted only if there is no genuine issue of material fact. When the record as a whole could not lead a rational trier of fact to find for the non-moving party, here the plaintiff, there is no genuine issue of material fact for trial. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587 , 106 S.Ct. 1348, 1356 , 89 L.Ed.2d 538 (1986); In re Super Premium Ice Cream Distribution Antitrust Litigation, 691 F.Supp. 1262, 1265 (N.D.Cal.1988), aff'd sub nom. Haagen-Dazs Co., Inc. v. Double Rainbow Gourmet Ice Creams, Inc., 895 F.2d 1417 (9th Cir.1990).

Defendant bears the initial burden of “informing the district court of the basis…