Beruflich Dokumente
Kultur Dokumente
_________________________
VII
Herodotus,
Histories, ch.
_________
10.
This
to the rule.
appeal
The
tale
follows.
I
I
Plaintiffs, former
members
of
the
Zoning
Board
of
and
various
derogation of
municipal
their First
officials)
had
ousted
Amendment guarantees.
They
them
in
brought
reinstatement and
money
damages.
oral
new to
motion and
gave the
for argument.
without
avail.
issue
culminating
parties
Following
the
appeared
in the
as
to move
then and
thirty minutes
objected
a hearing
decision
entry of
to
that consisted
mainly of
three days
further
summary
in which
procedure
aside plaintiffs'
informed the
ordered, a
a perfunctory
to this
procedure and
bench
visiting
judge accepted
Plaintiffs
The
But
jurors, a
directed defendants
summary judgment.
litigants
proceeded
surveyed prospective
the case,
prepare
would
case
the attorneys
there for
The
parties that
he
later.
When
exchange
occurred,
judgment for
the
defendants.
Although we
turn
that we
we decline to
plaintiffs'
cause
of
Given
established
performance.
protocol
to promote
judge's
fancy.
procedural
that
notions of
Because
case's
posture,
district
court's
the lower
regime, we reverse
the
marred
whether
substantive aspects of
economy or
court
to suit
employed
along,
flawed
the judgment,
was made
a sua
___
district courts
judgment on
Ltd. v.
____
their own
evidence.
sponte grant of
______
possess
Placing
the
summary judgment.
power
initiative, see,
___
the power is
parties
of the court.
equivalent of
sure,
at the direction
judgment,
to
See
___
given
adequate
Celotex Corp.
______________
notice
be
summary
are
trigger
To
to
v. Catrett,
_______
bring
477
1989), but
their
326
____________________
34, 37 (1st
Cir. 1988).
is
In this connection,
ready act
at their
v. Nazario,
_______
we have
at 1561; Bonilla
_______
peril; proceeding
the
with unnecessary
Jardines
________
on the merits in a
not
To
allow
summary judgment, a
parties'
evidentiary
court must
proffers
and
find, after
giving
the
studying the
benefit
of
reasonable doubt to
that there is
no genuine issue of
See
___
Fed. R. Civ. P.
10 days
before the
allows
nonmovants to
56(c).
should be
the hearing,"
"serve opposing
as a matter
provides in
and expressly
affidavits"
Since Rule 56
and
the day of
directed,
prior to
the motion is
at any
time
judgment targets
have at least
to an impending motion.
requirement is
Sua
___
There
the
sponte
______
summary
sufficiently
that
determination of "whether a
special subset.
deployed.
advanced
judgments are
First, the
the
court
attach when
discovery phase
can
make
an
must be
accurate
does
or
does not
relatedly,
the
litigants to
likely
can be adduced.
notice
to bring
elements of the
affords
forth
opposing summary
of fact."
Charles A. Wright
at 34
that
Bonilla, 843
_______
the
is not
have been on
on the
essential
Id.
___
Proper notice
the
opportunity to
and how,
F.2d at
37; see
___
generally 10A
_________
[unsuccessful
judgment
and,
material evidence
target "must
evidence
at 1561,
(1983) (explaining
assure
of its
what
parties
inform the
know
Second, the
all
878 F.2d
party]
must be
has
there is a genuine
entitled to
summary
had
exercised to
an
adequate
judgment as
2720
a matter
his
of
law").
Waiver aside,2 it
____________________
all summary
judgment proceedings,
See Donate-Romero
___ _____________
Cir. 1988).
Given this
by
standards enunciated in
v.
Colorado, 856
________
F.2d 384,
benchmark, we think
that the
that the
intention
to mull
parties (1) be
such an
made aware
approach,
and (2)
of the
court's
be afforded
the
at bar comprises
obviously
sandbagging
had
no
backdrop, it
litigants.
inkling
initiate,
well
plaintiffs
that
hearing
apparent that
nonetheless
of a
unfairly
judge
summary
might
entertain,
judgment.3
By
let
like
alone
token,
is painfully
It
in opposition to
for
brevis
______
to say that
plaintiffs
were
on
notice
preparation is neither
for,
to
be
prepared
for trial;
trial
In
addition
to
the
flaws
already
discussed,
of
fully
fact, was
never
that
articulated
judge.
party who
either
the
The "motion"
and, in point
by
defendants'
has
exercised
due diligence
is
See, e.g.,
___ ____
summary
D. Mass. Loc.
judgment
must
in the summary
judgment milieu.
concise
motions for
statement
of
the
material facts
of record as
there is no
references
to
documentation).
deposition
transcripts
party contends
other
relevant
We
need go no
further.4
Sua
___
____________________
way
to
reversal.
So
it
is
speed is a
here:
having
____________________
Costs to appellants.
Costs to appellants.
____________________