Jane DOE , Plaintiff ,. Clarke, Jr. Case No. United States District Court, E. Signed December 1, Loevy , Samuel D. Andrew A. Jones , Karen L.
Tidwall , Timothy H. Posnanski , Charles H. Wasserman , Attorney Lew A. Wasserman , Samuel C. Hall, Jr. Stadtmueller , U. District Judge. On August 31, , the defendants David A. Each motion was accompanied by a statement of facts, brief in support, and for Defendants , a number of affidavits and exhibits. On October 21, , the plaintiff Jane Doe " Doe " offered her responses in opposition to each motion, responses to each statement of facts, her own unified statement of facts, and an affidavit of counsel attaching exhibits.
The motions are fully briefed and, for the reasons explained below, they will be granted in part and denied in part. As they deal with interrelated issues, the Court addresses both motions in this Order. Federal Rule of Civil Procedure 56 provides that the court "shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Castro , F. A fact is "material" if it "might affect the outcome of the suit" under the applicable substantive law.
Anderson v. Liberty Lobby, Inc. A dispute of fact is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party. The court construes all facts and reasonable inferences in the light most favorable to the non- movant.
Bridge v. New Holland Logansport, Inc. The court must not weigh the evidence presented or determine credibility of witnesses; the Seventh Circuit instructs that " we leave those tasks to factfinders. Chicago Transit Auth. The party opposing summary judgment "need not match the movant witness for witness, nor persuade the court that [her] case is convincing, [ she ] need only come forward with appropriate evidence demonstrating that there is a pending dispute of material fact.
