Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kelter v. State Farm Mutual Automobile Insurance Co.

United States District Court, E.D. Missouri, Eastern Division

January 30, 2015

SUSAN B. KELTER, Plaintiff,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

MEMORANDUM AND ORDER

NOELLE C. COLLINS, Magistrate Judge.

Before the court is Plaintiff Susan B. Kelter's Fed.R.Civ.P. 56(a) Affidavit and Motion for Partial Summary Judgment. (Doc. 10). The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to Title 28 U.S.C. ยง 636(c). (Doc. 5).

STANDARD FOR SUMMARY JUDGMENT and APPLICABLE FEDERAL AND LOCAL RULES

As relevant to Plaintiff's Fed.R.Civ.P. 56(a) Affidavit and Motion for Partial Summary Judgment, Rule 56 provides:

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense-or the part of each claim or defense-on which summary judgment is sought. 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. The court should state on the record the reasons for granting or denying the motion.
....
(c) Procedures.
(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) 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.
....
(g) Failing to Grant All the Requested Relief. If the court does not grant all the relief requested by the motion, it may enter an order stating any material fact-including an item of damages or other relief- that is not genuinely in dispute and treating the fact as established in the case.

(emphasis added).

Local Rule 7-4.01 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.