Filed: Mar. 13, 2020
Latest Update: Mar. 13, 2020
Summary: RECOMMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT JOHN C. NIVISON , Magistrate Judge . Defendant Shannon Moore (Defendant) has moved for summary judgment in this foreclosure action. (Motion, ECF No. 56.) Defendant contends that Plaintiff lacks proof that it owns the mortgage that is the subject of this action. After review of the parties' summary judgment filings, I recommend the Court deny Defendant's motion for summary judgment. DISCUSSION "The court shall grant summary judgment if t
Summary: RECOMMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT JOHN C. NIVISON , Magistrate Judge . Defendant Shannon Moore (Defendant) has moved for summary judgment in this foreclosure action. (Motion, ECF No. 56.) Defendant contends that Plaintiff lacks proof that it owns the mortgage that is the subject of this action. After review of the parties' summary judgment filings, I recommend the Court deny Defendant's motion for summary judgment. DISCUSSION "The court shall grant summary judgment if th..
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RECOMMENDED DECISION ON MOTION FOR SUMMARY JUDGMENT
JOHN C. NIVISON, Magistrate Judge.
Defendant Shannon Moore (Defendant) has moved for summary judgment in this foreclosure action. (Motion, ECF No. 56.) Defendant contends that Plaintiff lacks proof that it owns the mortgage that is the subject of this action.
After review of the parties' summary judgment filings, I recommend the Court deny Defendant's motion for summary judgment.
DISCUSSION
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A court reviews the factual record in the light most favorable to the non-moving party, resolving evidentiary conflicts and drawing reasonable inferences in the non-movant's favor. Perry v. Roy, 782 F.3d 73, 77 (1st Cir. 2015). If a court's review of the record reveals evidence sufficient to support findings in favor of the non-moving party on one or more of the plaintiff's claims, a trial-worthy controversy exists, and summary judgment must be denied as to any supported claim. Id. ("The district court's role is limited to assessing whether there exists evidence such that a reasonable jury could return a verdict for the nonmoving party." (internal quotation marks omitted)). Unsupported claims are properly dismissed. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986).
By rule, a party seeking summary judgment must file, in addition to its summary judgment motion, a supporting statement of material facts setting forth each fact in a separately numbered paragraph, with each factual statement followed by a citation to evidence of record that supports the factual statement. D. Me. Loc. R. 56(b). A party's pro se status does not relieve the party of the obligation to comply with the court's procedural rules.1
Here, Defendant has not complied with Local Rule 56(b), nor has she otherwise filed an appropriate summary judgment record. Furthermore, Defendant's challenges to the validity of the documents that Plaintiff filed in support of its claim are without merit. (Defendant's Reply at 2-5, ECF No. 64.) In short, Defendant is not entitled to summary judgment.
CONCLUSION
Based on the foregoing analysis, I recommend the Court deny Defendant's motion for summary judgment.
