Skeans v. Key Commercial Finance LLC ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DEBORAH S. SKEANS, Executrix of the ESTATE OF FRANK E. PAVLIS, Plaintiff, v. Civil Action No, 1:18-cv-01516-CFC KEY COMMERCIAL FINANCE, LLC, KEY COMMERCIAL FINANCE PROPERTIES, LLC, EQUITY PROS, LLC, and MOBILE AGENCY, LLC Defendants. MEMORANDUM ORDER Pending before me is Defendants’ Motion for Summary Judgment. DI. 78. In Defendants’ Concise Statement of Undisputed Material Facts filed in support of their motion, they state that “Mr. Pavlis[] was a sharp and sophisticated man, and his mental acuity did not diminish with age.” D.I. 80 95. In support of this statement of fact, Defendants cite deposition testimony. D.I. 80 at 3 n.2. Plaintiff denies this asserted fact and cites record evidence that appears on its face to contradict the deposition testimony cited by Defendants. See DI. 88 at 2 n.2. Because there is a disputed fact that Defendants have said is material to their motion for summary judgment, I will deny the motion. See Anderson vy. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986) (holding that summary judgment will not lie if there is a genuine dispute about a material fact). WHEREFORE, this Fifth day of April in 2021, Defendants’ Motion for Summary Judgment (D.I. 78) is DENIED. UNITED STATES DisiRig JUDGE