MikeK Seeks Summary Judgment
“Pursuant to Rule 56, I.R.Civ.P., Defendant Incumbent Candidate Mike Kennedy moves for summary judgment of dismissal with prejudice of the entire Amended Complaint of Plaintiff Jim Brannon. This motion is supported by two affidavits from Kootenai County Election Manager Deedie Beard, an Affidavit of County Clerk and Auditor Dan English, a brief in support and the files and records in this case. This motion or summary judgment also seeks an award of attorneys fees as against the plaintiff Brannon and his counsel on the grounds that the Complaint and Amended Complaint are frivolous, unreasonable and without foundation entitling defendant Kennedy to an award of attorney’s fees under Idaho Code § 12-121 and Rule 54(e)(1) I.R.Civ.P. plus costs. Dated this 5th day of January, 2010”/attorney Scott Reed on behalf of Councilman Mike Kennedy in seeking summary judgment in Jim Brannon’s lawsuit.
DFO: Judge Benjamin Simpson has set a hearing date of Jan. 27 for this motion for summary judgment by Councilman Mike Kennedy, via one of his attorneys, Scott Reed.
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