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Pastimes : Asensio** King of the Shorts - LET'S RUMBLE! -- Ignore unavailable to you. Want to Upgrade?

To: Rajiv who wrote (240)	4/8/1999 6:41:00 PM
From: Peter V	Respond to of 257

From teh PRs, it sounds like Asensio moved to dismiss some of claims, which he can do without having all the facts, based on legal principles. The remaining claims are fact-specific, and require fact discovery before Asensio can bring a motion for summary judgment, in which the court takes account of all the undisputed facts, and decides if either party can prevail on those facts. If there are disputed material facts that prevent the judge from deciding the claims, then it will have to go to trial, where a jury (or if no jury, the judge) will decide what the facts are.