IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

*

PLAINTIFF, * 1:06-CV-00737.WKW

*

vs. *

*

DOTHAN RESCUE MISSION, *

*

DEFENDANT. *

DEFENDANT S RESPONSE TO PLAINTIFF S

MOTION AGAINST SUMMARY JUDGMENT; DEFENDANT S

REPLY IN SUPPORT OF SUMMARY JUDGMENT

THE DEFENDANT, the Dothan Rescue Mission, responds to

the Plaintiff s Motion Against Summary Judgment  filed on

or about February 15, 2007, moves the Court TO DENY that

motion, and based on the Motion for Summary Judgment, Brief,

and Evidentiary Materials submitted previously, together

with this Response and/or Reply, move the Court to enter a

full, final and appealable summary judgment in its favor and

against the Plaintiff as to all portions of her Complaint

and Amended Complaint. In support the Defendant states:

1. The Plaintiff s Motion Against Summary Judgment 

fails to put forth any evidence creating or tending to

create a genuine issue of material fact. 

2. The Court s Order of February 2, 2007 notifies the

Plaintiff, in clear and concise terms, how she must respond

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to the Defendant s Motion for Summary Judgment. 

3. The Plaintiff submits an Affidavit; however, that

Affidavit is not proper. Footnote 2 of this Court s

February 2, 2007 Order lists the requirements for a proper

Affidavit. Also, in relevant part, Rule 56(e), Fed. R. Civ.

P., reads: Supporting and opposing affidavits shall be made

on personal knowledge, shall set forth such facts as would

be admissible in evidence, and shall show affirmatively that

the affiant is competent to testify to the matters stated

therein.  

4. The Plaintiff s Affidavit fails to show that Nails

is competent to testify. 

5. The Affidavit also fails to show that Nails has

any information based on personal knowledge to counter any

statement of material fact in the Defendant s Motion for

Summary Judgment. The Plaintiff s Affidavit merely

complains of the responses she received to her

Interrogatories. 

6. The Plaintiff cannot rely merely upon her

allegations or denials in her pleadings to defeat a Motion

for Summary Judgment. In relevant part, Rule 56(e), Fed. R.

Civ. P., reads:

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When a Motion for Summary Judgment is made and

supported as provided in this rule, an adverse

party may not rest upon the mere allegations or

denials of his pleading, but his response, by

affidavits or as otherwise provided for in this

rule, must set forth specific facts showing there

is a genuine issue for trial. If the adverse party

does not so respond, summary judgment, if

appropriate, shall be entered against the adverse

party.

7. The Plaintiff has not set forth any facts showing

that there is a genuine issue for trial. 

WHEREFORE, the Defendant moves the Court to DENY the

Plaintiff s Motion Against Summary Judgment, and again moves

this Court TO ENTER a full, final and appealable Summary

Judgment in its favor and against the Plaintiff as to all

Counts of the Complaint and Amended Complaint, or

alternatively, as to such Counts of the Complaint and

Amended Complaint as the evidence entitles it.

HARDWICK, HAUSE, SEGREST & WALDING

BY: /s/ Kevin Walding 

Kevin Walding (WAL036)

BY: /s/ Patrick B. Moody 

Patrick B. Moody (MOO110)

Attorneys for Defendant

Post Office Box 1469

Dothan, Alabama 36302

Phone (334)794-4144

Fax (334)671-9330

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CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the following individual(s) and/or

attorney(s) of record by placing same in the United States

Mail in a properly addressed envelope with prepaid postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 28th day of February, 2007.

 /s/ Kevin Walding 

Of Counsel

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