Civil Procedure II

Summary Judgment

Professor Reichi Lee

Spring 2020

1
Summary Judgment
(Rule 56)
12(b)(6) Motion to Dismiss vs. Summary Judgment
12(b)(6) Motion to Dismiss for Failure Summary Judgment
to State a Claim
Moving Party: D
Rule: A defendant may move to dismiss the
plaintiff’s complaint on the basis that it fails to
state a claim that entitles plaintiff to relief. Rule
12(b)(6)
Purpose: To test whether plaintiff’s allegations
(assumed true and that they can be proved)
state a claim for which a court might grant relief.
If no, the case should not proceed because it
would be a waste of time and resources.
Moving Party: P or D
Rule: The court shall grant summary judgment
if the moving party shows that there is no
genuine dispute as to any material fact and
the moving party is entitled to judgment as a
matter of law. Rule 56(a)
Purpose: To determine whether there are
genuinely contested issues of material fact. If
no, the case should not go to a jury.
12(b)(6) Motion to Dismiss vs. Summary Judgment
(cont.)
12(b)(6) Motion to Dismiss for Failure Summary Judgment
to State a Claim
Court looks at: complaint only. No other
evidence considered.
Standard of review: (1) The court assumes the
facts alleged are true (except conclusory
statements) and views them in the light most
favorable to the plaintiff. (2) Then the court
applies the plausibility standard: do the facts
alleged raise a reasonable inference that P is
entitled to relief?
Court looks at: admissible evidence, including
declarations, deposition transcripts, answers
to discovery, other documents.
Burden-Shifting: The moving party must set
forth evidence that there is no genuine issue
of material facts. The burden of production
then shifts to the non-moving party to show
that he does in fact have evidence upon which
a jury could resolve the factual issues in his
favor (in other words, there is a genuine
dispute as to a material fact).
Cont. on next slide
12(b)(6) Motion to Dismiss vs. Summary Judgment
(cont.)

12(b)(6) Motion to Dismiss for Failure Summary Judgment

to State a Claim
Caveat: A party who does not have the burden
of proof at trial may move for summary
judgment without producing evidence. Such a
party may simply point to the lack of evidence
of the other party in the record (Celotex =
“show me”)
Summary Judgment: Burden-Shifting

Moving Party
Then, the burden of production shifts
(does not bear burden of proof at trial):
to the non-moving party to show that
(1) Submit affirmative evidence there is a genuine issue of material
negating an element fact. The non-moving party must
essential to the opposing bring forth specific facts/evidence.
party’s claim or defense (i.e.
there are no genuine issues
of material fact) (Slaven); or

(2) Point out that the opposing

party lacks sufficient
evidence in the record to
establish an essential
element of its claim or
defense (Celotex “show me”)
Summary Judgment: Burden-Shifting (cont.)

Moving Party
(bears burden of proof at trial): Then, the burden of production shifts
to the non-moving party to show that
(1) Submit affirmative evidence there is a genuine issue of material
negating an element fact. The non-moving party must
essential to the opposing bring forth specific facts/evidence.
party’s claim or defense (i.e.
there are no genuine issues
of material fact)