Myers v. Durda

Filing 32

MEMORANDUM DECISION AND ORDER denying 17 Motion for Partial Summary Judgment. Signed by Judge David Nuffer on 11/7/12 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
ALLEN MYERS,
Plaintiff,
v.

Case No. 2:10-cv-122 DN
MEMORANDUM DECISION & ORDER
DENYING MOTION FOR PARTIAL
SUMMARY JUDGMENT

CHESTER DURDA,

District Judge David Nuffer

Defendant.
Plaintiff Myers has filed a motion for partial summary judgment 1 on his claims of breach
of contract, conversion, and fraud. He alleges that he loaned Defendant Durda $200,000, and
that Durda failed to repay the loan as agreed. In opposition, Durda asserts that that when their
business arrangements did not work out as planned, he and Myers orally agreed to pursue other
ventures and that Myers would be paid back as business allowed, without establishing specific
terms of repayment. 2
STANDARD FOR SUMMARY JUDGMENT
“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.” 3 In
applying this standard, the Court must “view the evidence and draw all reasonable inferences

1

Motion for Partial Summary Judgment, docket no. 17, filed May 16, 2011.

2

Affidavit of Chester Durda ¶¶ 12-13, 18-19, docket no. 20, filed June 21, 2011.

3

Fed. R. Civ. P. 56(a).

therefrom in the light most favorable to the party opposing summary judgment.” 4 However, “the
nonmoving party must present more than a scintilla of evidence in favor of his position.” 5 A
dispute is genuine only “if the evidence is such that a reasonable jury could return a verdict for
the nonmoving party.” 6
ORDER
Genuine issues of material fact exist on all three of Myers’s claims in this case.
Accordingly, the motion for partial summary judgment 7 is DENIED.
Dated this 7th day of November, 2012.
BY THE COURT:

________________________________________
David Nuffer
U.S. District Judge

4

Mathews v. Denver Newspaper Agency LLP, 649 F.3d 1199, 1204 (10th Cir. 2011) (internal quotations omitted).

5

Ford v. Pryor, 552 F.3d 1174, 1178 (10th Cir. 2008).

6

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Kerber v. Qwest Group Life Ins. Plan, 647 F.3d 950,
959 (10th Cir. 2011).

7

Docket no. 17, filed May 16, 2011.

2