Akersv.Andes

United States District Court, S.D. West Virginia, Charleston DivisionMay 13, 2010
CIVIL ACTION NO. 2:09-cv-00478 (S.D.W. Va. May. 13, 2010)

CIVIL ACTION NO. 2:09-cv-00478.

May 13, 2010


MEMORANDUM OPINION AND ORDER


JOSEPH GOODWIN, District Judge

Pending before the court is the defendant's Motion for Summary Judgment [Docket 54]. The Motion is DENIED.

To obtain summary judgment, the moving party must show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In considering a motion for summary judgment, the court will not "weigh the evidence and determine the truth of the matter." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). Instead, the court will draw any permissible inference from the underlying facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587-88 (1986). Because genuine issues of material fact remain as to the parties' liability, summary judgment in this case would be inappropriate.

The defendant's Motion [Docket 54] is DENIED. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.