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IN THE UNITED STATES DISTRICT COURT
FOR THE _______________________ (DISTRICT) OF
__________________________________________ (STATE)
_______________________________ (DIVISION)
________________________________________ PLAINTIFF
V. CAUSE NO. _____-_____
_________________________________________ DEFENDANT
Motion for Summary Judgment by Defendant
COMES NOW __________________________________, Defendant in the
above-styled and numbered cause, by and through its attorneys, and respectfully moves,
pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment on
the grounds that there are no genuine issues of material fact and Defendant therefore is
entitled to judgment as a matter of law. This motion is based on the pleadings,
depositions, answers to interrogatories and admissions filed in this action, the affidavits
of _____________________________________________________________________
________________________________________________________________________
_____________________________ (Names of Affiants) and Defendant’s Memorandum
of Authorities (or Brief in Support of Motion for Summary Judgment).
WHEREFORE, PREMISES CONSIDERED,
____________________________, Defendant in the above-styled and numbered cause,
prays that it be granted summary judgment in this cause, and
dismissing it with prejudice and assessing all cost of this action to the
Plaintiff.
Respectfully Submitted,
___________________________________
DEFENDANT
By_________________________________
(Name of Attorney)
One of its Attorneys
Certificate of Service
This is to certify that I, _____________________________________(Name
of Attorney), attorney for Defendant
___________________________________________, have this date served a
true and correct copy of the above and foregoing Motion for Summary
Judgment by U.S. Mail, postage fully prepaid, to the following counsel of
record for Plaintifff
_____________________________________________ (Name of Attorney)
Post Office Box __________
____________________________________________________________________
City, State, Zip Code
This the ____ day of __________________, 20___.
Respectfully Submitted,
______________________________
(Name of Attorney)
State Bar No. _____
Attorney for
Defendant
OF COUNSEL:
_________________________________ (Name of Attorney)
Post Office Box ______-___________
City, State, Zip Code ______________________________________________
Telephone: _______-_______-_____________
Notice of Motion for Summary Judgment
You are notified that on _________________________ ( date) , at _______ (time) ,
or as soon thereafter as counsel can be heard, in Courtroom 000 of the United States
District Court for the _____________________________ (District) of
____________________________________ (State), ___________________________
(Division) at the Federal Courthouse at ______________________________________
__________________________________________ (street address, city, county, state,
zip code) , Defendant _____________________________________________ , through its
attorney, will move the court for Summary Judgment for the reasons stated in the above
Motion.
____________________________________
DEFENDANT
By_________________________________
(Name of Attorney)
Its Attorney
Certificate of Service
This is to certify that I, ____________________________________ (Name
of Attorney), attorney for Defendant
__________________________________________, have this date served a true
and correct copy of the above and foregoing Notice of Motion for Summary
Judgment by U.S. Mail, postage fully prepaid, to the following counsel of
record for Plaintifff
_________________________________________ (Name of Attorney)
Post Office Box _________
____________________________________________________________________
City, State, Zip Code
This the ____ day of _____________, 20___.
______________________________
(Name of Attorney)
State Bar No. _____
Attorney for
Defendant
OF COUNSEL:
_____________________________________ (Name of Attorney)
Post Office Box ______-_________
City, State, Zip Code ____________________________________________
Telephone: ______-______-_____________
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