* issue for trial." Id. In making this determination, this Court draws all reasonable riff] inferences in favor of the non-moving party. See Bd. of Ethic. v. Earls, 536 U.S. 822, 850, 122 S. Ct. 2559, 153 L. Ed. 2d 735 (2002); see also Armbruster v. Unisys Corp 32 F.3d 768, 777 (3d Cir. 1994). In Ca

pstein) who has not been made a party to the proceedings before the Court. See, e.g., School Dist. of City of Pontiac v. Secretary of U.S. Dept. of Ethic., 584 F.3d 253, 303 (6th Cir. 2009) ("It is hombook law that all parties to a contract are necessary in an action challenging its validity ...."); D

when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Ethic. v. Marshal County Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a 2 EFTA00221978 Case 9:08-cv-80119-KAM Document 40 Entered

when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Ethic. v. Marshal County Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a 2 EFTA00222421 Case 9:08-cv-80119-KAM Document 40 Entered

when, on the basis of a dispositive issue of law, no construction of the factual allegations will support a cause of action." Marshall County Bd. of Ethic. v. Marshal County Gas Dist., 992 F.2d 1171, 1174 (11th Cir. 1993). "[T]o survive a 2 EFTA00222724 Case 9:08-cv-80119-KAM Document 40 Entered

pstein) who has not been made a party to the proceedings before the Court. See, e.g., School Dist. of City of Pontiac v. Secretary of U.S. Dept. of Ethic., 584 F.3d 253, 303 (6th Cir. 2009) ("It is hombook law that all parties to a contract are necessary in an action challenging its validity ...."); D

pstein) who has not been made a party to the proceedings before the Court. See, e.g., School Dist. of City of Pontiac v. Secretary of U.S. Dept. of Ethic., 584 F.3d 253, 303 (6th Cir. 2009) ("It is hombook law that all parties to a contract are necessary in an action challenging its validity ...."); D

s at the time you were living with het? Page 56 1 Q. A few months? 2 A. Yes. 3 Q. What does a few months mean you to? Tine or 4 four, five, Ethic? S A. About three. 6 Q. Did you — and was she -. was she living at 7 the same place in =En 8 A. No. 9 Q. Where was she living at that time?