Superior Court Motion for Summary Judgment - District of Columbia

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

[________________________________],

Plaintiff,

v.

Civil Action No. [________________________________]

Calendar [____]

Judge [________________________________]

[________________________________],

Defendant.

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Pursuant to D.C. Super. Ct. Civ. R. 56 and Civ. R. 12-I

TABLE OF CONTENTS

I. MOTION FOR SUMMARY JUDGMENT

Defendant [________________________________] ("Defendant"), by and through undersigned counsel, pursuant to D.C. Super. Ct. Civ. R. 56 and Civ. R. 12-I, respectfully moves this Honorable Court for the entry of summary judgment in Defendant's favor and against Plaintiff [________________________________] ("Plaintiff") on all claims asserted in Plaintiff's Complaint.

As demonstrated in the accompanying Memorandum of Points and Authorities and Statement of Material Facts as to Which There Is No Genuine Dispute, the movant shows that there is no genuine dispute as to any material fact and Defendant is entitled to judgment as a matter of law. D.C. Super. Ct. Civ. R. 56(a).

This Motion is supported by the following:

☐ This Motion for Summary Judgment and Memorandum of Points and Authorities

☐ Statement of Material Facts as to Which There Is No Genuine Dispute (pursuant to Civ. R. 12-I(k))

☐ Affidavit/Declaration of [________________________________] with attached exhibits

☐ Affidavit/Declaration of [________________________________] with attached exhibits

☐ Deposition transcript excerpts of [________________________________]

☐ Exhibits A through [____] as identified in the Exhibit Index

☐ All pleadings, discovery materials, and admissions on file

☐ Such further evidence and argument as the Court may allow

WHEREFORE, Defendant respectfully requests that this Court grant summary judgment in Defendant's favor on all counts of the Complaint.

Respectfully submitted,

/s/ [________________________________]
[________________________________] (D.C. Bar No. [________])
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Counsel for Defendant

II. COMPLIANCE WITH D.C. SUPER. CT. CIV. R. 12-I

Pursuant to D.C. Super. Ct. Civ. R. 12-I, Defendant certifies the following:

A. Consultation Requirement -- Civ. R. 12-I(a)

Undersigned counsel conferred with opposing counsel on [__/__/____] regarding the relief requested herein. Opposing counsel has indicated that Plaintiff:

☐ Opposes this Motion

☐ Does not oppose this Motion

☐ Takes no position on this Motion

☐ Could not be reached despite good-faith efforts on [__/__/____] and [__/__/____]

B. Statement of Material Facts -- Civ. R. 12-I(k)(1)

The Statement of Material Facts as to Which There Is No Genuine Dispute is set forth in Section IV below, with each material fact stated in a separate, numbered paragraph, as required by Civ. R. 12-I(k)(1). Each fact is supported by a pinpoint citation to the record.

C. Page Limit Compliance -- Civ. R. 12-I(d)

This Motion and Memorandum of Points and Authorities contains [____] pages, exclusive of the caption, table of contents, signature block, certificates, statement of material facts, and proposed order, and complies with the page limit imposed by Civ. R. 12-I(d).

D. Proposed Order -- Civ. R. 12-I(j)

A Proposed Order is attached hereto as required by Civ. R. 12-I(j).

III. INTRODUCTION AND STATEMENT OF THE CASE

A. Nature of the Action

This civil action was commenced on [__/__/____] when Plaintiff filed a Complaint in the Superior Court of the District of Columbia, Civil Division, asserting claims for [________________________________]. The Complaint alleges that Defendant [________________________________].

B. Procedural History

1. Plaintiff filed the Complaint on [__/__/____].

2. Defendant was served on [__/__/____].

3. Defendant filed an Answer and Affirmative Defenses on [__/__/____].

4. [________________________________] (any amended pleadings, counterclaims, cross-claims, or third-party complaints).

5. Discovery commenced on [__/__/____] and was concluded on [__/__/____].

6. The Court entered a scheduling order on [__/__/____] establishing a trial date of [__/__/____].

7. This Motion is timely filed within the deadline established by the Court's scheduling order.

C. Summary of Argument

The undisputed material facts demonstrate that Plaintiff cannot establish the essential elements of [his/her/its] claims as a matter of law. Specifically:

1. [________________________________] (first ground for summary judgment);

2. [________________________________] (second ground for summary judgment); and

3. [________________________________] (third ground for summary judgment).

Because there is no genuine dispute as to any material fact and Defendant is entitled to judgment as a matter of law, this Court should grant Defendant's Motion under D.C. Super. Ct. Civ. R. 56(a).

IV. STATEMENT OF UNDISPUTED MATERIAL FACTS

In accordance with D.C. Super. Ct. Civ. R. 56(c)(1) and Civ. R. 12-I(k)(1), Defendant sets forth the following Statement of Material Facts as to Which There Is No Genuine Dispute. Each material fact is stated in a separate, numbered paragraph and is supported by a pinpoint citation to the record.

Background and Parties

1. [________________________________]. (Ex. [____], at [____]; Dep. of [________________________________], p. [____]:____-____:____.)

2. [________________________________]. (Ex. [____], ¶ [____].)

3. [________________________________]. (Compl. ¶ [____]; Answer ¶ [____].)

4. [________________________________]. (Decl. of [________________________________], ¶ [____].)

5. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

Facts Relating to Count I: [________________________________]

6. [________________________________]. (Ex. [____], at [____].)

7. [________________________________]. (Ex. [____], ¶¶ [____]-[____].)

8. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

9. [________________________________]. (Ex. [____].)

10. [________________________________]. (Pl. Resp. to Interrog. No. [____].)

Facts Relating to Count II: [________________________________]

11. [________________________________]. (Ex. [____], at [____].)

12. [________________________________]. (Ex. [____], ¶ [____].)

13. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

14. [________________________________]. (Pl. Admissions, Req. No. [____].)

15. [________________________________]. (Ex. [____].)

Facts Relating to Damages

16. [________________________________]. (Ex. [____].)

17. [________________________________]. (Dep. of [________________________________], p. [____]:____-____:____.)

18. [________________________________]. (Decl. of [________________________________], ¶ [____].)

V. LEGAL STANDARD FOR SUMMARY JUDGMENT

A. D.C. Super. Ct. Civ. R. 56(a) Standard

Under D.C. Super. Ct. Civ. R. 56(a), 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." The Court should state on the record the reasons for granting or denying the motion. D.C. Super. Ct. Civ. R. 56(a).

D.C. Superior Court Rule 56 mirrors Federal Rule of Civil Procedure 56, as amended in 2010, and D.C. courts apply the same substantive standard for summary judgment as the federal courts. The 2010 amendments improved the procedures for presenting and deciding summary judgment motions but left the standard for granting summary judgment unchanged.

B. Burden of Proof and the Celotex Framework

The D.C. Superior Court follows the burden-shifting framework established by the United States Supreme Court in the summary judgment trilogy: Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986).

Movant's Initial Burden: The movant bears the initial burden of demonstrating the absence of a genuine dispute as to any material fact. Celotex, 477 U.S. at 323. The movant need not negate every element of the non-movant's claim; rather, it is sufficient to point out the absence of evidence supporting the non-movant's case. Id. at 325.

Non-Movant's Burden: Once the movant has satisfied this initial burden, the non-moving party must produce admissible evidence showing that a genuine dispute of material fact exists for trial. Anderson, 477 U.S. at 248. The non-movant may not rest upon mere allegations or denials but must set forth specific facts demonstrating a genuine dispute. D.C. Super. Ct. Civ. R. 56(e).

C. "Material" Facts and "Genuine" Disputes

A fact is "material" if it "might affect the outcome of the suit under the governing law." Anderson, 477 U.S. at 248. A dispute is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. The mere existence of some alleged factual dispute is insufficient; the dispute must be over facts that are material to the outcome. Id. at 247-48.

D. Construction of Evidence

The Court must view the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in the non-movant's favor. Matsushita, 475 U.S. at 587. However, the non-moving party must do more than show "some metaphysical doubt as to the material facts." Id. at 586.

E. Statement of Material Facts -- Civ. R. 12-I(k)

D.C. Super. Ct. Civ. R. 12-I(k)(1) requires that the movant submit a statement of material facts that are not genuinely in dispute, with each fact stated in a separate, numbered paragraph and supported by specific record citations. Under Civ. R. 12-I(k)(2), the opposing party must submit a concise statement responding to each numbered paragraph, indicating whether the fact is admitted or denied, with specific record citations for each denial. Facts not properly controverted are deemed admitted. This requirement is unique to D.C. Superior Court practice and has no direct analog in many other jurisdictions.

VI. ARGUMENT

A. Count I: [________________________________] -- Plaintiff Cannot Establish [________________________________]

1. Elements of the Claim Under D.C. Law

Under District of Columbia law, to prevail on a claim for [________________________________], a plaintiff must establish:

(a) [________________________________];

(b) [________________________________];

(c) [________________________________]; and

(d) [________________________________].

See [________________________________] (D.C. [____]); D.C. Code § [________________________________].

2. Movant Demonstrates the Absence of a Genuine Dispute

Pursuant to Celotex Corp. v. Catrett, 477 U.S. at 323, Defendant identifies the following evidence demonstrating the absence of a genuine dispute as to the element of [________________________________]:

[________________________________]. (SUMF ¶¶ [____]-[____]; Ex. [____].)

[________________________________]. (SUMF ¶¶ [____]-[____]; Dep. of [________________________________], p. [____]:____-____:____.)

This evidence affirmatively demonstrates that Plaintiff lacks proof of the essential element of [________________________________].

3. Plaintiff Cannot Produce Evidence of a Genuine Dispute

Having demonstrated the absence of evidence supporting Plaintiff's claim, the burden shifts to Plaintiff under D.C. Super. Ct. Civ. R. 56(e) to produce specific evidence showing a genuine dispute for trial. The record is devoid of competent evidence that [________________________________].

[________________________________]. (SUMF ¶¶ [____]-[____].)

Because no reasonable jury could find in Plaintiff's favor on this element, summary judgment on Count I is warranted.

B. Count II: [________________________________] -- Plaintiff's Claim Fails as a Matter of Law

1. Elements of the Claim

To establish a cause of action for [________________________________] under D.C. law, a plaintiff must prove:

(a) [________________________________];

(b) [________________________________];

(c) [________________________________]; and

(d) [________________________________].

See [________________________________] (D.C. [____]).

2. Application to Undisputed Facts

The undisputed evidence, viewed in the light most favorable to Plaintiff, demonstrates that [________________________________]. (SUMF ¶¶ [____]-[____].)

Specifically, [________________________________]. No admissible evidence in the record supports a finding that [________________________________].

3. Statute of Limitations Defense

Alternatively, Plaintiff's claim is barred by the applicable statute of limitations. Under D.C. Code § 12-301, the limitations period for [________________________________] actions is [____] years. The alleged conduct occurred on or before [__/__/____] (SUMF ¶ [____]), yet this action was not commenced until [__/__/____], beyond the statutory period.

The D.C. Code establishes the following specific limitations periods relevant to this action:

• D.C. Code § 12-301(2): Recovery of personal property -- 3 years
• D.C. Code § 12-301(3): Recovery of damages for injury to real property -- 3 years
• D.C. Code § 12-301(4): Libel, slander, assault, battery, false imprisonment -- 1 year
• D.C. Code § 12-301(7): Contract actions -- 3 years
• D.C. Code § 12-301(8): Personal injury -- 3 years

C. Count III: [________________________________] (If Applicable)

1. Legal Standard

[________________________________]

2. Application to Undisputed Facts

[________________________________]. (SUMF ¶¶ [____]-[____].)

D. Plaintiff Cannot Establish Compensable Damages

Even if Plaintiff could establish liability, the undisputed evidence demonstrates that Plaintiff has failed to present admissible proof of damages. [________________________________]. (SUMF ¶¶ [____]-[____].)

Under D.C. law, damages must be proven with reasonable certainty and may not be based on speculation or conjecture. See [________________________________] (D.C. [____]). This independently warrants summary judgment.

VII. RESPONSE TO ANTICIPATED OPPOSITION

A. Plaintiff Cannot Rest on Mere Allegations

Plaintiff may attempt to defeat this Motion by relying on the allegations of the Complaint. However, under D.C. Super. Ct. Civ. R. 56(e), once the movant demonstrates the absence of a genuine dispute, the non-moving party must come forward with specific evidence. Bare allegations, conclusory statements, and mere denials are insufficient to create a genuine dispute for trial.

B. Plaintiff Must Properly Controvert the Statement of Material Facts

Under D.C. Super. Ct. Civ. R. 12-I(k)(2), Plaintiff is required to respond to each numbered paragraph of Defendant's Statement of Material Facts, indicating whether each fact is admitted or denied, with specific citations to the record for each denial. Facts not properly controverted shall be deemed admitted. If Plaintiff fails to file a responsive statement of material facts, the Court may treat all of Defendant's stated facts as admitted.

C. A Rule 56(d) Continuance Is Not Warranted

If Plaintiff seeks relief under D.C. Super. Ct. Civ. R. 56(d) (formerly Rule 56(f)), claiming the inability to present facts essential to its opposition, such a request should be denied because:

1. Discovery has closed and Plaintiff had a full and fair opportunity to develop its case;

2. Plaintiff has not identified specific facts that additional discovery would reveal; and

3. A Rule 56(d) affidavit or declaration must show by specific facts that the party cannot present essential facts to justify its opposition.

D. Immaterial Disputes Do Not Preclude Summary Judgment

Plaintiff may identify factual disputes that are not material to the outcome of the case under the governing substantive law. Under Anderson v. Liberty Lobby, 477 U.S. at 248, only disputes concerning "material" facts -- those that might affect the outcome of the suit -- preclude summary judgment. The "mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment." Id. at 247-48.

VIII. CONCLUSION AND PRAYER FOR RELIEF

For the foregoing reasons, there is no genuine dispute as to any material fact and Defendant is entitled to judgment as a matter of law on all claims asserted in Plaintiff's Complaint.

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. GRANT this Motion for Summary Judgment in its entirety;

2. ENTER judgment in favor of Defendant and against Plaintiff on all counts of the Complaint;

3. DISMISS all claims against Defendant with prejudice;

4. TAX costs to Plaintiff;

5. GRANT such other and further relief as the Court deems just and proper.

Respectfully submitted this [____] day of [________________________________], 20[____].

/s/ [________________________________]
[________________________________] (D.C. Bar No. [________])
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Counsel for Defendant

IX. REQUEST FOR ORAL HEARING

Pursuant to D.C. Super. Ct. Civ. R. 12-I(e), Defendant respectfully requests an oral hearing on this Motion for Summary Judgment and estimates that [____] hour(s) will be required for argument.

☐ Defendant requests oral hearing

☐ Defendant waives oral hearing and requests the Court rule on the papers

Note: Delete this section or check the appropriate box based on preference and the judge's practice.

X. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Summary Judgment, Memorandum of Points and Authorities, Statement of Material Facts, and all supporting exhibits (Exhibits A through [____]) was served upon the following counsel of record via:

☐ Electronic filing through the D.C. Superior Court CaseFileXpress / eFiling system

☐ First-class United States Mail, postage prepaid

☐ Hand delivery

☐ Email (by agreement of counsel) to [________________________________]

as authorized by D.C. Super. Ct. Civ. R. 5(b).

Served upon:

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Counsel for Plaintiff

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________] (City, State, ZIP)
[________________________________] (Telephone)
[________________________________] (Email)
Counsel for [________________________________]

/s/ [________________________________]
[________________________________] (D.C. Bar No. [________])

XI. PROPOSED ORDER

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

[________________________________], Plaintiff,

v.

Civil Action No. [________________________________]

Calendar [____]

Judge [________________________________]

[________________________________], Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Upon consideration of Defendant's Motion for Summary Judgment, the Memorandum of Points and Authorities, the Statement of Material Facts as to Which There Is No Genuine Dispute, all supporting exhibits, any opposition filed by Plaintiff, any reply, and the arguments of counsel, and for good cause shown, it is hereby:

ORDERED that Defendant's Motion for Summary Judgment is GRANTED; and it is further

ORDERED that judgment is entered in favor of Defendant [________________________________] and against Plaintiff [________________________________] on all counts of the Complaint; and it is further

ORDERED that all claims against Defendant are DISMISSED WITH PREJUDICE; and it is further

ORDERED that costs are taxed to Plaintiff; and it is further

ORDERED that [________________________________] (any additional relief).

SO ORDERED.

Date: [__/__/____]

_______________________________________________
Judge, Superior Court of the District of Columbia

Copies to: All counsel of record via CaseFileXpress.

XII. PRACTICE NOTES

A. D.C. Superior Court-Specific Requirements

☐ Consultation Requirement: D.C. Super. Ct. Civ. R. 12-I(a) requires the movant to confer with opposing counsel before filing any motion and to state in the motion whether the opposing party opposes or consents to the relief sought. Failure to comply may result in denial of the motion.

☐ Statement of Material Facts: Civ. R. 12-I(k)(1) requires a separately stated list of material facts not genuinely in dispute, with each fact in a separate numbered paragraph and supported by specific record citations. This is a mandatory filing requirement unique to D.C. Superior Court.

☐ Opposing Party's Response: Under Civ. R. 12-I(k)(2), the opposing party must file a responsive statement addressing each numbered fact. Facts not properly controverted are deemed admitted.

☐ Page Limits: Civ. R. 12-I(d) imposes page limits on memoranda. The current limit is typically 45 pages for the memorandum of points and authorities. Confirm the current limit as it is periodically amended.

☐ Proposed Order: Civ. R. 12-I(j) requires that a proposed order accompany every motion.

B. Filing Deadlines and Timing

☐ Filing Deadline: Check the Court's scheduling order for the dispositive motion deadline. D.C. Superior Court scheduling orders typically set specific cutoff dates for dispositive motions.

☐ Opposition Deadline: Under Civ. R. 12-I(d), the opposition must be filed within the time specified in the scheduling order or within the time allowed by the rules (typically 14 days after service, but confirm current requirements).

☐ Reply Deadline: Any reply must be filed within the time allowed by the Court's rules.

☐ No Automatic Hearing: D.C. Superior Court does not automatically schedule oral argument on motions. A party must specifically request a hearing under Civ. R. 12-I(e) and state the estimated time needed.

C. Oral Hearing

☐ Request oral hearing under Civ. R. 12-I(e) if desired.

☐ State the estimated time required for argument.

☐ Many D.C. Superior Court judges rule on summary judgment motions without oral argument.

☐ If the judge schedules a hearing, be prepared to present argument on the legal issues.

D. Evidence and Exhibit Requirements

☐ All supporting materials must comply with D.C. Super. Ct. Civ. R. 56(c)(1).

☐ Affidavits or declarations must be made on personal knowledge and set forth facts that would be admissible in evidence. D.C. Super. Ct. Civ. R. 56(c)(4).

☐ Documents must be properly authenticated.

☐ Deposition transcript excerpts should include the title page, relevant pages, and the reporter's certification.

☐ Redact personal identifiers under D.C. Super. Ct. Civ. R. 5.2 and applicable privacy rules before filing.

E. E-Filing Requirements

☐ File all documents through the D.C. Superior Court's CaseFileXpress electronic filing system.

☐ The Motion, Statement of Material Facts, Proposed Order, and all exhibits may need to be filed as separate PDFs depending on system requirements.

☐ Verify that e-filing generates proper notice to all counsel of record.

☐ Confirm current e-filing procedures at dccourts.gov.

F. Unique D.C. Considerations

☐ D.C. Superior Court Rule 56 is identical to Federal Rule 56 as amended in 2010, except for the Civ. R. 12-I(k) requirement for statements of material facts.

☐ D.C. courts apply the Celotex/Anderson/Matsushita trilogy for the substantive summary judgment standard.

☐ D.C. Code statutes of limitations differ from surrounding jurisdictions (Maryland and Virginia). Confirm the applicable limitations period under D.C. Code § 12-301.

☐ D.C. has its own substantive law derived from common law, D.C. Code, and D.C. Municipal Regulations -- do not assume that Maryland or Virginia precedent controls.

SOURCES AND REFERENCES

• D.C. Super. Ct. Civ. R. 56 (Summary Judgment) -- https://www.dccourts.gov/node/21614
• D.C. Super. Ct. Civ. R. 12-I (Motions Practice) -- https://www.dccourts.gov/sites/default/files/superior-rules/Superior%20Court%20Rules%20of%20Civil%20Procedure_0.pdf
• Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (movant's burden; absence of evidence)
• Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (material facts; genuine dispute standard)
• Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) (non-movant's burden; light most favorable)
• D.C. Code § 12-301 (Limitation of Time for Commencing Action)
• D.C. Code § 12-302 (Special Limitations Periods)
• D.C. Superior Court Rules Promulgation Order 22-05 (2022 amendments) -- https://www.dcbar.org
• District of Columbia Courts -- https://www.dccourts.gov