Woa Brief

ARGUMENT

I. LEGAL STANDARD ON SUMMARY JUDGMENT

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and the admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If it succeeds, the nonmoving party may defeat summary judgment by identifying facts that pose a genuine issue for trial. Id. at 324. In evaluating whether summary judgment should be granted, the court must view the evidence and draw all reasonable inferences in favor of the nonmoving party. Anderson v. Liberty Lobby, 477 U.S. 242, 255 (1986).

Summary judgment is appropriate upon a "finding that the challenged