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there is no genuine issue as to any material fact and that the moving party is entitled
to a judgment as a matter of law." Fed. R. Civ. P. 56(c). [*7] The party seeking
summary judgment carries the initial burden of demonstrating an absence of
evidence to support the position of the non-moving party. Doe v. R.R. Donnelley &
Sons Co., 42 F.3d 439, 443 (7th Cir. 1994). The non-moving party must then set
forth specific facts showing that there is a genuine issue of material fact and that the
moving party is not entitled to judgment as a matter of law. Anderson v. Liberty
Lobby, 477 U.S. 242, 252, 106 S. Ct. 2505, 2512, 91 L. Ed. 2d 202 (1986). A genuine
dispute about a material fact exists only if the evidence is such that a reasonable
jury could return a verdict for the non-moving party. Celotex Corp. v. Catrett, 477
U.S. 317, 323-24, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986).
In making this determination, the court must draw every reasonable inference from the
record in the light most favorable to the non-moving party and should not make 185 credibility determinations or weigh evidence. Associated Milk Producers, Inc. v. Meadow
Gold Dairies, Inc., 27 F.3d 268, 270 (7th Cir. 1994). The nonmovant must support its
contentions with admissible evidence and may not rest upon the mere allegations in the
pleadings or conclusory [*8] statements in affidavits. Celotex, 477 U.S. at 324. The
plain language of Rule 56(c) mandates the entry of summary judgment against a party
who fails to establish the existence of an element essential to its case and on which that
party will bear the burden of proof at trial. The production of only a scintilla of evidence
will not suffice to oppose a motion for summary judgment. Anderson, 477 U.S. at 252.
Before addressing the merits of the instant motion, we note that Zihala has failed to
comply with Northern District of Illinois Rule 12. Rule 12(N) requires a party opposing a
motion for summary judgment to respond to "each numbered paragra...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08