ssue for trial unless there is sufficient evidence favoring the non- moving party for a jury to return a verdict for that party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). [HN14] "[Alt the summary judgment stage the judge's function is not himself to weigh

not to "weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is inappropriate if, resolving all ambiguities and drawing all inferenc

o one-sided that one party must prevail as a matter of law." Allen v. Tyson Inc. , 121 F.3d 642, 646 (11 di Cir. 1997), citing Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 252 (1986). Under Fed.R.Civ.P. 56(c), summary judgment is appropriate after adequate time for discovery and upon motion, against a p

rdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. Ct. 2505, 2511 (1986) (internal citations omitted). 3 EFTA00799827 Case 9:08-cv-80736-KAM Document 408 Entered on FLS

rdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. Ct. 2505, 2511 (1986) (internal citations omitted). 3 EFTA00591464 Case 9:08-cv-80736-KAM Document 401-2 Entered on F

ercome the motion, and the court must analyze "the evidence presented through the prism of the substantive evidentiary burden." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 254 (1986). UNDISPUTED FACTS Nearly all facts relating to the Plaintiff's prima facie case are undisputed. The facts in this case c

judgment is proper. See Sainz v. Cabarceno Enterprises, Inc., No. 14-20608-CIV, 2015 WL 12551061, at *1 (■. Fla. 2015) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)). The undisputed facts recited above plainly establish that the Government—with the knowledge of, and at the urging of Ep

ssue for trial unless there is sufficient evidence favoring the non- moving party for a jury to return a verdict for that party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). [HN14]"[A]t the summary judgment stage the judge's function is not himself to weigh t

l if proof of its existence or nonexistence might affect the outcome of the suit under the applicable substantive law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505. 91 L.Ed2d 202 (1986). Where there is no material fact in dis- pute, the moving party need only establish that

identify specific facts from which a factfinder could reasonably find in the nonmoving party's favor. Celotex, 477 U.S. at 324; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). In determining whether the factfinder could reasonably find in the nonmoving party's

s entitled to judgment as a matter of law." A fact is "material" only if its resolution will affect the outcome of the lawsuit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). Determination of whether a factual issue is "genuine" requires consideration of the ap