Viale

DISCUSSION

11 A moving party who does not have the "ultimate burden of persuasion at trial" may 12 meet its initial burden to show entitlement to summary judgment by "show[ing] that the 13 nonmoving party does not have enough evidence of an essential element of its claim or 14 defense to carry its ultimate burden of persuasion at trial." See Nissan Fire & Marine Ins. 15 Co. v. Fritz Cos., 210 F.3d 1099, 1102 (9th Cir. 2000). Put another way, the movant may 16 meet its initial burden "by showing – that is, pointing out to the district court – that there is 17 an absence of evidence to support the nonmoving party's case." See id. at 1105 (internal 18 quotation and citation omitted). Alternatively, the moving party may meet its initial burden 19 by "produc[ing] evidence negating an essential element of the nonmoving party's claim." 20 See id. at 1102. 21 In seeking summary judgment, Exxon relies on plaintiffs' initial disclosures, 22 plaintiffs' responses to Exxon's special interrogatories, excerpts from the deposition of 23 each plaintiff, excerpts from the depositions of five individuals who worked with or around 24 Viale at job sites, union records,…