Schuenemeyer v. United States

OPINION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT and PLAINTIFF’S MOTION TO TRANSFER

WHITE, Senior Judge.

In this unusual case, the defendant has asked the court to enter judgment in the favor of the plaintiff, and the plaintiff has objected.

The defendant’s motion is called a motion for summary judgment. Strictly speaking, under the rules of the court, a motion for summary judgment can be allowed only in a situation where the moving party is entitled to a judgment as a matter of law. See Rule 56(c). Consequently, the defendant’s motion will be treated as a motion for the entry of judgment in…