Wednesday, September 07, 2005

HECTOR L. HUERTAS, Plaintiff, v. THE UNITED STATES OF AMERICA, et al., Defendants.

LexisNexis(TM) Academic - Document: "Fed. R. Civ. P. 55(e)"

LexisNexis(TM) Academic - Document

LexisNexis(TM) Academic - Document: "On a Rule 12(c) motion, the facts are to be viewed in the light most favorable to the nonmoving party; the facts asserted in the nonmoving party's pleadings will be accepted as true; and any contradictory statements in the movant's pleadings are deemed false. Constitution Bank v. DiMarco, 815 F. Supp. 154, 157 (E.D. Pa. 1993). To prevail, the moving party must show that there are no genuine issues of fact and that he is entitled to judgment as a matter of law. Mele v. Federal Reserve Bank of New York, 359 F.3d 251, 253 (3d Cir. 2004) (citing Leamer v. Fauver, 288 F.3d 532, 535 (3d Cir. 2002)). Judgment on the pleadings is appropriate only when 'all material allegations of fact are admitted or not controverted in the pleadings [*24] and only questions of law remain to be decided by the district court.' 5C CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE � 1367."