Treaty Energy Corp. (fka TECO)

[tdbowieknife]

The Judge said that Treaty and the gang of cons provided no evidence of NSS.

Rather than respond with evidence of specific facts creating a genuine issue for trial, the SEC argues in opposition that Defendants failed to meet their burden as movants because
they merely deny that the alleged violation occurred. (Rec. Doc.
82, p. 4) Furthermore, the SEC asks the Court to “disregard all
uncited allegations contained in Defendants’ brief and the
accompanying ‘Statement of Uncontested Facts,’ which are not
supported by a single citation to the evidence.” (Rec. Doc. 82,
p. 2)

None of the Defendants’ “Uncontested Material Facts” are
supported by citation to the record or any other materials.
(Rec. Doc. 74-2)

It is apparent that Defendants totally failed to satisfy
the movant’s burden as set out in Rule 56, Celotex, and Russ.
The Defendants’ motion for summary judgment failed to point out
an absence of proof on any factual issue. Similar to the motion
before the court in Ashe v. Corley, “the motion failed to raise
any factual issues at all, other than in the most conclusory
terms.” 992 F.2d at 544. A mere conclusory statement that the allegations in the Complaint “did not happen” does not satisfy
the movant’s burden. As a result, the burden never shifted to
the SEC to go beyond the pleadings to show specific facts
creating a genuine issue for trial,1 and the Court must deny the
motion.

CONCLUSION

Accordingly,

IT IS HEREBY ORDERED that Defendants’ Rule 56 Motion for
Summary Judgment (Rec. Doc. 74) is DENIED.
New Orleans, Louisiana this 12th day of August, 2015.

https://cases.justia.com/federal/district-courts/louisiana/laedce/2:2015cv02451/167525/86/0.pdf?ts=1439463149



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