Weeks v. Coury
District Court, S.D. Texas
1Opinion of the Court
MEMORANDUM AND ORDER
ATLAS, District Judge.
The Court has considered Defendants’ Motion to Dismiss [Doc. #22] and Memorandum Brief in Support [Doc. # 23], as well as all responses and replies thereto. The Court has also considered Defendants’ Motion for Summary Judgment and Brief in Support Thereof [Doc. # 21], and all relevant responses, replies and supplemental briefing.
I. DISMISSAL AND SUMMARY JUDGMENT STANDARDS
Dismissal under Fed.R.Civ.P. 12(b)(6) is appropriate when, taking the facts alleged in the complaint as true, it appears certain that the plaintiff can prove no set of facts in…
2Cases cited38 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
- Scheuer v. RhodesSupreme Court of the United States · 1974
- St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
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