The Defense filed a motion for Summary Judgement (decision with no trial) in July 2005. The responses constitute an excellent survey of the state of the case before the trial. Summary judgement is granted only if it can be demonstrated that there are no "material issues of fact" in dispute that need to be resolved at trial. The judge is required to view all facts and inferences in a manner most favorable to the nonmoving party, in this case the Plaintiffs.

All relevant files are listed below, except for the appendices to the Plaintiffs' brief in opposition to the motion, which are available here.

Attachment	Size
2005-07-13_Ds_brief_supporting_SJ.pdf Defense brief supporting the Motion for Summary Judgement. A good summary of the Defense argument.	2.62 MB
2005-07-13_Ds_statement_of_material_facts.pdf The Defense's statement of the material facts as the Defense sees them. In a summary judgement motion, the moving party must argue that there is no dispute about the material facts, and thus no need for a trial.	1017.22 KB
2005-08-03_Ps_seek_permission_to_exceed_page_limit.pdf Plaintiffs seek leave to exceed the page limits for their response to the Defense Motion for Summary Judgement.	133.89 KB
2005-08-08_Ps_brief_opposing_SJ.pdf Plaintiffs' brief opposing Defendants' Motion for Summary Judgment. A good summary of Plaintiffs' pretrial case.	194.76 KB
2005-08-08_Ps_brief_opposing_SJ_cert.pdf Certification of Plaintiffs' exhibits by Plaintiffs' attorney Tom Schmidt.	68.36 KB
2005-08-08_Ps_Answer_Facts_SJ.pdf Plaintiffs' Response to Defendants' Statement of Material Facts.	323.76 KB
2005-08-19_Ds_reply_brief_SJ.pdf Defendants' reply brief in support of Motion for Summary Judgment.	7.09 MB
2005-08-19_Ds_reply_brief_SJ_Exhibit_list.pdf Exhibits to Defendants' reply brief in support of Motion for Summary Judgment.	37.16 KB
2005-08-19_Ds_reply_brief_SJ_Exh09.pdf Exhibit 9: Exhibits from the Deposition of Dr. Kenneth R. Miller.	854.13 KB
2005-08-19_Ds_reply_brief_SJ_Exh10.pdf Exhibit 10: Excerpts from the Deposition Testimony of John Buell.	551.31 KB
2005-08-19_Ds_reply_brief_SJ_Exh11.pdf Exhibit 11: Excerpts from the Deposition Testimony of Charles Thaxton.	786.57 KB
2005-08-19_Ds_reply_brief_SJ_Exh12.pdf Exhibit 12: Excerpts from the Deposition Testimony of Robert Linker.	277.2 KB
2005-08-19_Ds_reply_brief_SJ_Muise_Affidavit.pdf Certification of exhibits by Defense attorney Robert J. Muise.	137.28 KB
2005-08-31_Ds_request_for_oral_argument_on_SJ.pdf Defendants' request for oral argument on Motion for Summary Judgment.	194.29 KB
2005-08-31_Ds_proposed_order_oral_argument_SJ.pdf Defendants' proposed order for oral argument on summary judgement motion.	76.97 KB
2005-09-02_order_oral_argument_SJ.pdf Order scheduling oral argument on Defendants' Motion for Summary Judgement.	16.55 KB
2005-09-13_order_SJ_denied.pdf Judge's order denying summary judgement. This meant that the case was going to go to trial.	17.85 KB