It is my general policy not to comment on the specific merits of the various court papers filed in cases in which I am a party until after the court has ruled on the matters they address. However, I do sometimes try to provide a layman’s perspective of the legal issues involved. Remember, IANAL, so this is layman’s commentary.
As I understand it, the purpose of summary judgment is to allow the court to decide all or part of a case as a matter of law for those portions of the case where there are no facts to be tried. For example, when The Dread Pro-Se Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, and me in the Kimberlin v. Walker, et al. LOLsuit, we defendants were granted summary judgment on five of the seven counts because given the facts that both sides agreed to, we were entitled to win as a matter of law. So in order for a motion for summary judgment to be successful, the moving party must first show that there are no genuinely disputed material facts that require the court to conduct a trial. Then the moving party must show that he is entitled to judgment in his favor as a matter of law. Thus, if there is even one genuinely disputed material fact, a motion for summary judgment should fail.
The Gentle Reader may wish to keep that in mind while reading this latest filing from the Kimberlins in the Hoge v. Kimberlin, et al. lawsuit.
Everything is proceeding as I have foreseen.