Garbutt v. Southern Clays, Inc.

ORDER

OWENS, District Judge.

Before the court is defendant’s motion for summary judgment. After careful consideration of the arguments of counsel, the relevant caselaw, and the record as a whole, the court issues the following order.

I. INTRODUCTION

Even though the law of the forum state governs the substantive aspects of this diversity case, “federal law controls the procedural aspects.” Hammer v. Slater, 20 F.3d 1137, 1140 (11th Cir.1994). Thus, the movant is entitled to summary judgment if the pleadings, depositions, and affidavits show (1) there is no genuine issue as to any material fact,…