IN THE CIRCUIT COURT FOR SEVIER COUNTY, TENNESSEE
STEPHEN BOESCH )
Plaintiff, )
)
v. ) CASE NO. 20-CV-595-III
)
SCOTT D. HALL )
Defendant. )
NOTICE OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Notice is hereby given that on the ___ day of ____________________, 2021, at ________ (am/pm), or as soon as Plaintiff can be heard, in courtroom ___ of this Court, Plaintiff will, and hereby does, move for Summary Judgment. The Motion will be based on this Notice of Motion, the subsequent Motion, and on such evidence as may be presented at the hearing of the Motion.
Dated this ___ day of ______________________, 2022.
Respectfully Submitted,
____________________________________
Stephen Boesch
Plaintiff in pro per
IN THE CIRCUIT COURT FOR SEVIER COUNTY, TENNESSEE
STEPHEN BOESCH )
Plaintiff, )
)
v. ) CASE NO. 20-CV-595-III
)
SCOTT D. HALL )
Defendant. )
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
NOW COMES Stephen Boesch before this Honorable Court, and brings this Motion for Summary Judgment pursuant to Tenn. R. Civ. P. 56.01. In support of this Motion for Summary Judgment, Plaintiff shows this Court as follows:
- On November 7 2021, Plaintiff filed an Amended Complaint.
- On December 21 2021, Defendant filed a Motion to Dismiss Plaintiff’s Amended Complaint or in the Alternative, Motion for a More Definitive Statement.
- On February 25 2021, this Court issued an order granting Defendant’s Motion as to the claims of breach of fiduciary duty and common-law negligence. The Court failed to dismiss the legal malpractice claim.
- Defendant had 30 days from the date the Order was issued by the Court to file an Answer to the legal malpractice claim that was not dismissed. As at the date of filing of this Motion for Summary Judgment, Defendant had not filed an Answer to the legal malpractice claim.
- In Matsushita Electric Industrial Company v. Zenith Radio Corporation, decided first, the Supreme Court elaborated on the showing required for a plaintiff to survive a summary judgment motion. The Court observed that, when the moving party carries its “burden under Rule 56(c),” then “the nonmoving party must come forward with `specific facts showing that there is a genuine issue for trial.‘” 475 U.S. at 586, 106 S.Ct. 1348.
- Tennessee Rule 56 was hailed as “one of the most important and desirable additions to Tennessee procedure contained in the Rules of Civil Procedure” and described as “a substantial step forward to the end that litigation may be accelerated, insubstantial issues removed, and trial confined only to genuine issues.” Byrd, 847 S.W.2d at 210 (quoting Tenn. R. Civ. P. 56 advisory commission cmt.) (internal quotation marks omitted); see also Donald W. Pemberton, Tennessee Rules of Civil Procedure, 4 Mem. St. U.L.Rev. 211, 215 (1974); Donald F. Paine, Recent Developments in Tennessee Procedure: The New Tennessee Rules of Civil Procedure, 37 Tenn. L.Rev. 501, 516 (1970). Early decisions construing Tennessee Rule 56 likewise emphasized the importance of summary judgment as a rapid and inexpensive means of resolving issues and cases where no genuine issues of material fact existed. See, e.g., Bowman, 547 S.W.2d at 529; Evco Corp. v. Ross, 528 S.W.2d 20, 24 (Tenn. 1975).
- Defendant has not filed anything to show that there is a general issue as to any material fact alleged by Plaintiff. Defendant has not shown that there is doubt as to the allegations and legal malpractice claim set forth by Plaintiff in the Amended Complaint. The law allows Defendant to do the foregoing by filing an Answer, which Defendant elected not to do.
- As it stands, there is no general issue as to any material fact or doubt as to any facts or counts alleged by Plaintiff.
REASONS WHEREFORE, Plaintiff prays for Summary Judgment against Defendant on the legal malpractice claim.
Dated this ___ day of April, 2022.
Respectfully Submitted,
____________________________________
Stephen Boesch
Plaintiff in pro per
VERIFICATION
I, Stephen Boesch, being duly sworn depose and say that I have read the foregoing Motion for Summary Judgment and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of April, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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