LMAO!!! The judge is referring to the Ashe case in the notation.
“truly walked the razor's edge with their response to the [Defendants’] motion.” IS FROM THE ASHE CASE:Ashe, 992 F.2d at 544 n.5. DOH! Nice try.
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
IT IS HEREBY ORDERED that Defendants’ Rule 56 Motion for
Summary Judgment (Rec. Doc. 74) is DENIED.
Best stick to watching the crying game!!!! BWAWAWAWAWAWAAAA!!!!! NEXT!
