In a letter dated August 4, 2008, the Honorable Judge John Lineberger has advised attorneys in the lawsuit against Mayor Joy, Matsukis et al. vs. Joy, to file materials as follows:
Gentlemen:
After reading the complaint and Answer in the captioned case I can’t imagine there being any disputed issues of material facts.
Will you therefore please file a stipulation of facts no later than August 18, 2008. Thereafter, please file cross Motions for Summary Judgment by September 12, 2008. The matter will promptly be set for hearing (hopefully in September) on your Motions.
Facts stipulated are those both sides agree on, and so do not have to be litigated.
The Mayor’s attorneys have filed a Motion for Summary Judgment. Summary judgment is extremely difficult to obtain, as suggested in the following definition:
Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. [boldface added]
In addition, “the court must consider all materials in the light most favorable to the party opposing the motion for summary judgment,” according to the Supreme Court.
Filed under: ES Folk | Tagged: Eureka Springs, Judge John Lineberger, Legal Matters, Mayor, Politics, Summary Judgment
