Form 7B:4 P's Motion for Summary Judgment

{CAPTION - FORM 1B:1}

PLAINTIFF'S MEMORANDUM IN

SUPPORT OF MOTION FOR SUMMARY JUDGMENT

Plaintiff asks the court to render {final/partial} summary judgment against defendant, as authorized by Federal Rule of Civil Procedure 56. {See O'Connor's Federal Rules, "Motion for Summary Judgment," ch. 7-B, §3, p. 473.}

A. Introduction

1. Plaintiff is {name}; defendant is {name}.

2. On {date}, plaintiff sued defendant for {state basis of suit}.

3. On {date}, defendant filed {identify response and list defensive pleas, affirmative defenses, and counterclaims}.

4. Plaintiff files this motion for {final/partial} summary judgment on {his/her/its} claim for {identify claim}. Summary judgment should be granted in this case because the summary-judgment evidence establishes all elements of plaintiff's claim as a matter of law.

B. Statement of Facts

{CHOOSE APPROPRIATE PARAGRAPH 5}

5. A statement of uncontroverted facts is attached, as required by Local Rule {identify rule}. {See O'Connor's Federal Rules, "Statement of uncontroverted facts," ch. 7-B, §3.4, p. 475.}

5. {State uncontroverted facts that entitle plaintiff to judgment as a matter of law, including facts regarding jurisdiction and venue, identity of the parties, and background of the dispute. Cite the particular parts of any pleading, declaration, affidavit, discovery response, deposition, or other evidence that support each statement of uncontroverted fact.}

C. Argument

6. Summary judgment is proper in a case where there is no genuine issue of material fact. Fed. R. Civ. P. 56(c); Scott v. Harris, ___ U.S. ___, 127 S. Ct. 1769, 1776 (2007); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 2552 (1986). A plaintiff moving for summary judgment satisfies its burden by submitting summary-judgment proof that establishes all elements of its claim as a matter of law. San Pedro v. United States, 79 F.3d 1065, 1068 (11th Cir. 1996). Plaintiff must show that no reasonable trier of fact could find other than for plaintiff. Calderone v. United States, 799 F.2d 254, 259 (6th Cir. 1986). {See O'Connor's Federal Rules, "Plaintiff's motion," ch. 7-B, §7.5.1, p. 484.}

7. To prevail on {his/her/its} claim of {identify claim}, plaintiff must prove the following elements as a matter of law: {identify elements of plaintiff's claim}. Because there are no genuine issues of material fact on any element of {identify claim}, plaintiff is entitled to summary judgment as a matter of law. {See O'Connor's Federal Rules, "General," ch. 7-B, §7.1, p. 482.}

8. {Continue with argument and authority supporting grant of summary judgment.}

D. Summary-Judgment Evidence

9. In support of {his/her/its} motion, plaintiff includes evidence in the attached appendix, which is incorporated by reference into the motion. {See O'Connor's Federal Rules, "Summary-Judgment Proof," ch. 7-B, §6, p. 478.} The motion for summary judgment is based on the following evidence:

{CHOOSE APPROPRIATE TYPES OF EVIDENCE}

a. Affidavits. The affidavits of {names of affiants} establish {state facts established}.

b. Declarations. The declarations of {names of declarants} establish {state facts established}.

c. Interrogatories. Defendant's answers to interrogatories numbers {numbers} establish {state facts established}.

d. Deposition excerpts. The depositions of {names of deponents} establish {state facts established}.

e. Requests for admissions. Defendant's admissions numbers {numbers} establish {state facts established}.

f. Documentary evidence. The exhibits, which are verified as authentic, establish the following facts: {identify each document and state facts established}.

g. Other discovery. {Identify other documents and state facts established.}

{ADD SECTION E IF APPROPRIATE}

E. Attorney Fees

{CHOOSE APPROPRIATE PARAGRAPHS 10-11}

10. Plaintiff is entitled to attorney fees incurred in prosecuting this suit. The affidavit of plaintiff's attorney, included in the appendix, establishes that plaintiff is entitled to attorney fees in the amount of ${amount} as a matter of law. {See O'Connor's Federal Rules, "Attorney fees," ch. 7-B, §3.8, p. 475.}

11. Plaintiff asks the court to take judicial notice of the usual and customary attorney fees in this district. The affidavit of plaintiff's attorney, included in the appendix, cites similar cases in which usual and customary attorney fees have been found. {See O'Connor's Federal Rules, "Attorney fees," ch. 7-B, §3.8, p. 475.}

F. Conclusion

12. {Briefly summarize the motion.} For these reasons, plaintiff asks the court to grant this motion and render a {final/partial} summary judgment in plaintiff's favor.