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8. What is the mechanic's best argument to defeat the summary judgment motion?
A mechanic sued his former employer in federal court, claiming that the employer had discharged him because of his age in violation of federal law. The employer answered, denying the claims and promptly moving for summary judgment. In support of the motion, the employer attached the mechanic's employment evaluations for the past three years, which rated his skills and performance as poor and culminated in a recommendation for his discharge.
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The movant (the person seeking summary judgment) can show the lack of a genuine issue of fact by submitting affidavits. They must only contain matters as to which the affiant has personal knowledge, must state only matters which would be admissible at trial, and must show the affiant is competent to testify at trial. The movant may also submit the fruits of discovery no matter which side they were obtained from.
C is correct. A party opposing summary judgment may show by declaration or affidavit that he cannot present certain facts and state the reasons for their unavailability. The court may then order a continuance to permit further discovery or make other orders as it sees just. In this question, the employer has presented evidence against the mechanic's claims. The mechanic's best chance to survive summary judgment is to show that he cannot present certain unavailable facts and ask the court to allow further discovery before ruling on the motion.
A is incorrect. Summary judgment will be granted if, based on the pleadings, affidavits, and discovery, the court finds there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. The case must go to trial if there is a genuinely disputed material fact. A genuinely disputed issue of material fact is one that is backed by evidence on both sides of the issue. If a party fails to properly support an assertion of fact or fails to properly address the other party's assertion of fact, the court may find the fact undisputed. In this question, the employer not only denied the claims but also attached evidence of the evaluations. The mechanic cannot assert mere allegations from the complaint without proper support backed by evidence. Allegations without support would not be enough to overcome the employer's motion for summary judgment.
B is incorrect. This is the incorrect standard for what is allowed to support a motion for summary judgment. This would be the correct rule if the employer had filed a motion for judgment on the pleadings at the start of the case. As explained above, a motion for summary judgment may be supported by affidavits, sworn statements, depositions, sworn pleadings, admissions, answers to interrogatories, or other materials in the record. Therefore, the employer can rely on other materials outside the pleadings, including the employment evaluations.
D is incorrect. A party may file a motion for summary judgment any time until 30 days after the close of all discovery. Therefore, it is not a defense to the motion for summary judgment that it was filed before the close of discovery. A motion for summary judgment could be made at any time in the case before the 30-day limit.