Disposition without Trial

Question 1

Default against ▲

(5 elements)

Answer 1

1. If after service of process a defendant fails to answer complaint, court can enter a default judgment
2. First step: Enter a default under Rule 55; only the court can enter a default judgment
3. Under Rule 55(b)(2), party must be given written notice at least 7 days prior to the hearing
4. Relief available under 55(c) for good cause and may be set aside in some circumstances
5. Default judgments are disfavored

Question 2

Involuntary Dismissal Against π

(2 elements)

Answer 2

1. Rule 41(b): Plaintiff fails to prosecute
2. Within court’s discretion; can operate as an adjudication on the merits with res judicata effect.

Question 3

Voluntary Dismissal

(3 elements)

Answer 3

1. Plaintiff’s choice
2. Plaintiff wants to dismiss and start over; normally can terminate by filing notice of dismissal before answer or motion for summary judgment. Even after that, can do so by stipulation of dismissal signed by all parties
3. Otherwise, court approval required for dismissal

Question 4

Summary Judgement

ΣJ

(5 elements)

Answer 4

1. Shortcut where there is no need for a trial because result is clear based on pleading and supporting evidence.
2. 56(a): Summary judgment if no genuine dispute as to any material fact and movant is entitled to judgment as a matter of law
3. Can have partial summary judgment (e.g., on one of several claims)
4. In theory can be filed at any time until 30 days after close of discovery, but usually the moving party will wait until some or all discovery has occurred
5. 56(d)(2): can deny or continue motion for summary judgment to permit discovery

Question 5

Celotex v. Catrett

(3 elements)

Answer 5

1. Plaintiff: plaintiff claimed that her deceased husband was injured by exposure to Celotex’s asbestos. Celotex denied the allegations and sought summary judgment. Court held that where the nonmoving party will bear the burden of proof at trial, the moving party can discharge its initial burden by “showing – that is, pointing out to the district court – that there is an absence of evidence to support the nonmoving party’s case.”
2. So the defendant (Celotex) only needed to point to the absence of evidence because plaintiffs have burden of proof.
3. Situation is different if the moving party does bear the burden of proof at trial. Then it must affirmatively come forward with evidence.

Question 6

3 Steps of Celotex

Answer 6

STEP ONE

Initial Burden of Production: Moving party must make a prima facie showing that it is entitled to summary judgment. How that showing is made depends upon which party has the burden of persuasion at trial. (In a suit by A against B for assault, A has the burden of persuasion at trial.)

1. If the moving party bears the burden of persuasion at trial, that party [plaintiff] must support its motion with credible evidence (including but not limited to depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers) that would be sufficient for a directed verdict in its favor at trial if not disputed.
2. If the nonmoving party has the burden of persuasion at trial, the moving party [defendant] may satisfy its burden of production in either of two ways:

(1) submit affirmative evidence that negates an essential element of the nonmoving party’s claim, or
(2) demonstrate that the nonmoving party’s evidence is insufficient to establish an essential element of the nonmoving party’s claim. [Celotex is an example of #2]. The moving party cannot just assert in a conclusory way that the nonmoving party has no evidence. Rather, it must affirmatively show the absence of record evidence. This can be done, for instance, by reviewing the existing evidence in the record or deposing the nonmoving party’s witnesses.

C. If the moving party fails to satisfy its initial burden of production, summary judgment must be denied.

STEP TWO

Moving Party Satisfies Its Initial Burden of Production: Burden of production then shifts to the nonmoving party. The nonmoving party must either produce evidence that establishes a genuine issue of material fact for trial or submit an affidavit seeking additional time for discovery (in order to secure the requisite evidence).

STEP THREE (and beyond)

If the nonmoving party provides evidence showing a genuine issue of material fact, the moving party must respond by showing that the evidence relied on by the nonmoving party is inadequate. If the moving party fails to provide an adequate response, summary judgment must be denied.

If the moving party shows that the nonmoving party’s evidence is inadequate, then the nonmoving party must either rehabilitate its evidence or produce additional evidence showing a genuine issue of material fact (or submit an affidavit seeking more time for discovery).

BOTTOM LINE ASSESSMENT: The court looks at all the evidence submitted by both sides to determine whether the moving party has shown that there is no genuine issue of material fact for trial.

Question 7

Default Judgement

Rule 55

Answer 7

Default Judgement - ▲ fails to plead or otherwise defend

1. For a certain amount = clerk enters
2. In all other cases = court determines and enters

• Res judicata effect against π

Question 8

Dismissal of Actions

Rule 41

(2 elements)

Answer 8

(a) Voluntary dismissal
* by π, w/o prejudice unless previously voluntarily dismissed
(b) Involuntary dismissal

• by ▲, with prejudice (unless PJ, venue, 12(b)(6))
• if too late = res judicata

Question 9

Summary Judgement

ΣJ

Rule 56(a)

(2 elements)

Answer 9

Summary Judgement

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.

• ▲ doesn’t have to put up evidence, only has to show π didn’t meet burden of proof by a preponderance of the facts.

Question 10

Settlement

Answer 10

• res judicata
• no collateral estoppel unless issue is settled