MEMORANDUM
TO: ASSOCIATE
FROM: PARTNER
DATE: April 6
For this assignment, please draft a motion for summary judgment on the claim for punitive damages. The Defendant Church will be the movant. You will argue that the Plaintiff has not alleged any facts that would support a claim for punitive damages. For purposes of this motion, you will not be moving for summary judgment on the entire complaint—only on this one specific claim. Also, look to the template complaint we gave you all at the beginning of the class. That complaint includes the allegation for punitive damages, so you will need to cite to that paragraph in the Complaint as part of your “undisputed material facts” section.
Unlike the discussion in class, you will not be citing to any specific deposition testimony in your facts section. In terms of supporting evidence for your undisputed facts on this motion, you will put in the allegations of the Complaint and argue they amount to nothing more than negligence. You will need to cite to the specific paragraphs of the Complaint, as well as the Plaintiff’s answer to Interrogatory No. 6 (sent in an email), which asks about evidence she has relating to punitive damages. The last numbered “fact” should state, “Plaintiff has failed to allege facts sufficient to support punitive damages.” You will not be “attaching” any exhibits to this simple motion, although in practice, you would identify Plaintiff’s Answer to Interrogatory No. 6 as “Exhibit A” and attach it, along with the verification (which states it is answered under oath, and therefore admissible evidence/testimony). You may also assume discovery has ended, so you can tell the court that Plaintiff has not supplemented her answer to Interrogatory No. 6 and has not provided any additional facts that would support punitive damages.
Here are the sections that are generally included in a motion for summary judgment:
Caption of Case
Heading: Defendant's Motion for Summary Judgment on Plaintiff's Claim for Punitive Damages
First Paragraph under heading (ie: Defendant Church moves the court pursuant to Rule 1-056....because.... This should be no more than 2 or 3 sentences).
Section I--Introduction – Short statement of what the case is about (a simple negligence case with no facts that would support imposition of punitive damages), and why you are entitled to summary judgment as a matter of law. Tell the court in a very simple statement why you win, and explain that discovery is over and Plaintiff failed to come forward with any evidence that would support imposition of punitive damages.
Section II--Undisputed Material Facts – Facts that are material to your motion supported by evidence that would be admissible at trial. If you were working for a law firm, you would look at the answers to interrogatories, responses to requests for admissions (either in answer to a complaint or answer to requests for admissions), deposition testimony. Remember to number these facts and limit each one to a single fact. In this motion, you only need about 4 facts—remember that Plaintiff alleged punitive damages in her complaint, but never supplemented Interrogatory No. 6. She has no facts.
Section III--Summary Judgment Standard—look at Goradia v. Hahn Co., 111 N.M. 779, 781, 810 P.2d 798, 800 (1991) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986)) and Blauwkamp v. Univ. N.M. Hosp., 114 N.M. 228, 231, 836 P.2d 1249, 1252 (Ct. App. 1992). This section should only be one paragraph, and merely state the standard in New Mexico for summary judgment. Don't forget to include the burden for the responding party. This was emailed to you as well.
Section IV--Arguments and Authorities –In this section, you will need to set forth what is required to prove punitive damages in New Mexico. I have sent you via email a short memo you can include that contains the law on punitive damages in New Mexico. It also includes a citation to the Uniform Jury Instruction for punitive damages-- UJI 13-1827. The UJI clearly lays out the elements you must have to prove punitive damages.
Section V--Conclusion – 2 to 3 sentences that sum up your argument.
WHEREFORE paragraph – where you request your relief—ask the court to dismiss punitive damages, and put in your signature block.