Opinion

Daly v. Westchester County Board of Legislators

Court
District Court, S.D. New York
Filed
Mar 31, 2021
Cited by
0 cases
Authority
More cited than 27.3%

The opinion

Based upon the text of Plaintiff's submission, it appears

Plaintiff intended to file a motion for summary judgment.

Such a motion is typically made at the close of discovery. ISTRICT COURT

EO a OF NEW YORK

and 4(E) of this Court's Individual Practices.

The Clerk of the Court is respectfully directed to terminate

the motion sequence pending at Doc. 88. PLAINTIFF’S MOTION FOR

SO ORDERED. SUPPLEMENTAL ADJUDICTION

Gon 19-CV-4642-(LLS)

Philip Halpern

United States District Judge

Dated: White Plains, New York

March 31, 2021 COURT:

NOTICE OF MOTION

PLEASE TAKE NOTICE, that upon the annexed affirmation of Plaintiff dated

April _, 2021 the accompanying Memorandum of Law, and all pleadings and

proceedings heretofore had herein, Plaintiff Daly will move this Court for an Order

granting Plaintiff's Summary Adjudication pursuant to Fed.R.Civ.P. 56(d), together with

such other and further relief as this Court may deem just and proper.

The court’s duty under Rule 56(d) is to narrow the scope of the pending trial.

“Rule 56(d) does not authorize the entry of a judgment on part of a claim or the granting

of partial relief, however. It simply empowers the court to withdraw sham issues from the

case and to specify those facts that really cannot be controverted.” Wright & Miller,

Federal Practice and Procedure § 2737 (footnotes omitted). In this way, Rule 56(d) has

been compared to a pretrial order under Rule 16. /d.

A “party against whom a claim... is asserted... may at any time, move with or

without supporting affidavits for a summary judgment in the party’s favor as to all or any

part thereof.” Fed. R. Civ. P. 56(b). A court must grant summary judgment if the

pleadings and supporting documents, when viewed in the light most favorable to the

non-moving party, “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).

[emphasis added] An issue as to any material fact is only “genuine” if the evidence

regarding the disputed fact is “such that a reasonable jury could return a verdict for the

nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). “The mere

existence of a scintilla of evidence in support of the [non-movant’s] position will be

insufficient [to preclude summary judgment]; there must be evidence on which the jury

could reasonably find for the [non-movant].” /d.

PLEASE TAKE FURTHER NOTICE, that pursuant to C.P.L.R. § 2241(b) and the

Uniform Rules of the Trial Courts of the State of New York § 202.8(c), answering

affidavits, if any, are to be served upon the undersigned at least seven (7) days prior to

the return date of this Motion.

Dated: ,

Dante E. Daly, Pro Se

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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