United States District Court, M.D. Alabama, Northern Division
BRITTANY JOHNSON, JONATHAN JOHNSON, AND AUSTIN JOHNSON Plaintiffs,
EARL JACKSON, Defendant.
MEMORANDUM OPINION AND ORDER
HAROLD ALBRITTON, SENIOR UNITED STATES DISTRICT JUDGE
case is before the court on a Motion for Summary Judgment
(Doc. #29), filed by the Plaintiffs and a Motion to Strike
the Affidavit of Andrea Hatchcock filed by the Defendant
case was originally filed as an interpleader action. The
insurance company, National Union Fire Insurance Company of
Pittsburgh, PA, paid insurance policy proceeds into court,
and sought the court's determination as to competing
claims. The court discharged the insurance company and
realigned the parties.
re-aligned Plaintiffs have moved for summary judgment. The
Defendant moves to strike one affidavit upon which the Motion
for Summary Judgment is based.
reasons to be discussed, the Motion to Strike is due to be
GRANTED in part and DENIED in part and the Motion for Summary
Judgment is due to be GRANTED.
SUMMARY JUDGMENT STANDARD
judgment is proper "if there is no genuine issue as to
any material fact and . . . the moving party is entitled to a
judgment as a matter of law." Celotex Corp. v.
Catrett, 477 U.S. 317, 322 (1986).
party asking for summary judgment "always bears the
initial responsibility of informing the district court of the
basis for its motion, ” relying on submissions
“which it believes demonstrate the absence of a genuine
issue of material fact." Id. at 323. Once the
moving party has met its burden, the nonmoving party must Ago
beyond the pleadings” and show that there is a genuine
issue for trial. Id. at 324.
the party “asserting that a fact cannot be, "and a
party asserting that a fact is genuinely disputed, must
support their assertions by “citing to particular parts
of materials in the record, "or by “showing that
the materials cited do not establish the absence or presence
of a genuine dispute, or that an adverse party cannot produce
admissible evidence to support the fact."Fed. R. Civ. P.
56 (c)(1)(A), (B). Acceptable materials under Rule
56(c)(1)(A) include “depositions, documents,
electronically stored information, affidavits or
declarations, stipulations (including those made for purposes
of the motion only), admissions, interrogatory answers, or
avoid summary judgment, the nonmoving party "must do
more than show that there is some metaphysical doubt as to
the material facts." Matsushita Elec. Indus. Co. v.
Zenith Radio Corp., 475 U.S. 574, 586 (1986). On the
other hand, the evidence of the nonmovant must be believed
and all justifiable inferences must be drawn in its favor.
See Anderson v. Liberty Lobby, 477 U.S. 242, 255
the nonmoving party has responded to the motion for summary
judgment, the court shall grant summary judgment if the
movant shows that 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).
submissions of the parties establish the following facts,
construed in a ...