A court must determine whether disputed issues of material fact are present before granting summary judgment (noting the court’s responsibility to determine whether disputed issues of material fact are present).
After parties filed simultaneous cross-motions for summary judgment regarding claims of housing discrimination, the district court granted the defendants' motions and denied the plaintiffs' motion as moot. The plaintiffs appealed, arguing the court failed to consider the evidence they submitted in support of their own cross-motion as evidence in opposition to the defendants' motions. The court holds that when parties submit simultaneous cross-motions for summary judgment, the court must consider the appropriate evidentiary material identified and submitted in support of both motions, and in opposition to both motions, before ruling on each motion on an individual and separate basis.
At page 1136 Considering cross-motions for summary judgment on merits130 citing cases“each motion must be considered on its own merits.”
- Sec. & Exch. Comm'n v. Langemeier, No. 3:22-cv-00269 (D. Nev. Mar. 4, 2025). Council of Riverside Cnty., Inc. v. Riverside Two, 249 F.3d 1132 , 6 1134 (9th Cir. 2001) (“[T]he court must consider the appropriate evidentiary 7 material identified and submitted in support of both motions, and in opposition 8 to both m…
- Leuenberger v. Walmart, Inc., No. 2:22-cv-01598 (D. Nev. Jan. 5, 2024).([W]hen parties submit cross-motions for 24 summary judgment, each motion must be considered on its own merits” and “[t]he court must 25 rule on each party’s motion on an individual and separate basis[.])
- HonorHealth, No. 2:24-cv-01837 (D. Ariz. Aug. 31, 2026).Council of Riverside Cnty., 13 Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001) (citation modified). 14 The moving party “bears the initial responsibility of informing the district court of 15 the basis for its motion, and identi…
- Sopka, No. 2:24-cv-00011 (W.D. Wash. Aug. 17, 2026). Thus, 19 in reviewing cross-motions for summary judgment, “each motion must be considered on its own 20 merits.” Acosta v. City Nat’l Corp., 922 F.3d 880, 885 (9th Cir. 2019) (quoting Fair Housing 21 Council, 249 F.3d at 1136).
- Hatfield, No. 4:23-cv-00213 (D. Idaho July 9, 2026).Council of Riverside Cnty., Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- McCoy, No. 2:25-ap-02008 (Bankr. D. Mont. Mar. 24, 2026). Fair Housing Council, 249 F.3d at 1136.
- Incline Ranch, LLC v. United States of Am. & United States Forest Serv., No. 2:23-cv-00086 (D. Mont. Nov. 24, 2025).Id. at 1136.
- Chadly v. Music Together, LLC, No. 3:24-cv-01096 (N.D. Cal. Sept. 30, 2025). Council, 249 F.3d at 1136.
- Abdulhussain v. MV Pub. Transp. Inc., No. 2:22-cv-01458 (D. Ariz. Aug. 7, 2025).Council of Riverside Cty., Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001) 16 (quotation marks omitted).
- Brown v. Michaelis, No. 2:22-cv-00828 (W.D. Wash. July 10, 2025).“must be considered on its own merits”
Show 120 more citing cases
- Schuyleman v. Barnhart Crane & Rigging Co, No. 2:23-cv-00562 (W.D. Wash. May 15, 2025).Council of Riverside Cnty., 249 F.3d at 1136.
- State Farm Fire & Cas. Co. v. Fairbanks Aero Servs., Inc., No. 4:23-cv-00016 (D. Alaska Mar. 27, 2025).Council of Riverside Cty., Inc., 249 F.3d at 1136.
- Swindler v. Ruble, No. 6:24-cv-01465 (D. Or. Mar. 26, 2025).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Swindler v. Hanlin, No. 6:24-cv-00590 (D. Or. Mar. 26, 2025).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Adams v. Lanum, No. 3:24-cv-05034 (W.D. Wash. Mar. 11, 2025).“must be considered on its own merits”
- Hayes v. I.D.O.C., No. 1:22-cv-00184 (D. Idaho Nov. 13, 2024).“each motion must be considered on its own merits”
- Grand River Enter. Six Nations v. Knudsen, No. 6:23-cv-00048 (D. Mont. June 28, 2024).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Watson v. City of Henderson, No. 2:20-cv-01761 (D. Nev. Apr. 5, 2024).“the 13 court must rule on each party’s motion on an individual and separate basis, determining, for each 14 side, whether a judgment may be entered in accordance with the Rule 56 standard”
- Ctr. for Biological Diversity v. Little, 724 F. Supp. 3d 1113 (D. Idaho 2024).publishedFair Housing Council of Riverside County, Inc., 249 F.3d at 1136.
- Bean v. Duarte, No. 3:22-cv-00014 (D. Or. Feb. 12, 2024).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Ctr. for Biological Diversity v. United States Env't Prot. Agency, No. 4:20-cv-00555 (D. Ariz. Feb. 6, 2024).Fair Housing Council of Riverside County, Inc. v. Riverside 13 Two, 249 F.3d 1132, 1136 (9th Cir.2001). 14 C.
- Dick v. City & Borough of Sitka, No. 3:23-cv-00041 (D. Alaska Dec. 29, 2023).Council of Riverside Cty., Inc., 249 F.3d at 1136.
- Friar v. Jackson, No. 2:22-cv-00304 (D. Or. Dec. 19, 2023).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Platypus Marine, Inc. v. M/Y ALASKAN GRANDEUR, O.N. 1121333, No. 1:22-cv-00006 (D. Alaska Nov. 28, 2023).“Each motion must be considered on its own merits”
- Equity Recovery Specialists LLC v. Select Portfolio Servicing Inc., No. 2:21-cv-01889 (D. Ariz. Aug. 16, 2023).Council of Riverside Cty., 249 F.3d at 1136 (quotation marks omitted). 4 For “the party with the burden of persuasion at trial”—usually the plaintiff—to succeed in 5 obtaining summary judgment in its favor, it “must establish beyond contro…
- Kibble & Prentice Holding Co. v. Tilleman, 643 F. Supp. 3d 1123 (D. Idaho 2022).publishedFair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Foremost Ins. Co. Grand Rapids Michigan v. Guillen, 641 F. Supp. 3d 980 (W.D. Wash. 2022).publishedFair 13 Housing Council of Riverside County., Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th 14 Cir. 2001).
- Borgman v. Yamaha Motor Corp. USA, 636 F. Supp. 3d 1012 (D. Alaska 2022).published“Each motion must be considered on its own merits”
- Jones v. Paralegal Stewart, No. 1:21-cv-00312 (D. Idaho May 25, 2022).“each motion must be considered on its own merits”
- Boudette n/k/a Oskerson v. Boudette, No. 2:20-ap-02012 (Bankr. D. Mont. Sept. 24, 2021).unpublishedFair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Burns v. Miranda, No. 3:20-cv-00227 (D. Alaska Sept. 21, 2021).Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). 44 Zetwick v. County of Yolo, 850 F.3d 436, 441 (9th Cir. 2017) (quoting United States v. JP Morgan Chase Bank Account No. Ending 8215, 835 F.3d 115, 1162 (9th Cir. 2016)). 45 Vill…
- Concrete Log Sys., Inc., Dba Everlog Sys. v. Better Than Logs Inc., No. 2:20-ap-02013 (Bankr. D. Mont. June 11, 2021).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Copenhaver v. Baxter Int'l, Inc., No. 1:19-cv-00079 (D. Idaho Jan. 5, 2021).Fair Housing Council of Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1136 (9th Cir. 2001).
- Harper v. Poway Unified Sch. Dist., 545 F. Supp. 2d 1072 (S.D. Cal. 2008).published
- Healthport Corp. v. Tanita Corp. of Am., 563 F. Supp. 2d 1169 (D. Or. 2008).published
- Rainsdon v. Mullen (In Re Mullen), 402 B.R. 353 (Bankr. D. Idaho 2008).published
- Krommenhoek v. Bankr. Est. of Pfankuch Food Servs., Inc. Ex Rel. Gugino (In Re Pfankuch), 393 B.R. 18 (Bankr. D. Idaho 2008).published
- Rollins v. Neilson (In Re Cedar Funding, Inc.), 408 B.R. 299 (Bankr. N.D. Cal. 2009).published
- Melchizedek v. Holt, 792 F. Supp. 2d 1042 (D. Ariz. 2011).published
- In Re Cell Tower Litig., 807 F. Supp. 2d 928 (S.D. Cal. 2011).published
- Californians for Alternatives to Toxics v. United States Fish & Wildlife Serv., 814 F. Supp. 2d 992 (E.D. Cal. 2011).published
- Get Outdoors II, L.L.C. v. City of Lemon Grove California, 378 F. Supp. 2d 1232 (S.D. Cal. 2005).published
- U.S. Sec. & Exch. Comm'n v. Talbot, 430 F. Supp. 2d 1029 (C.D. Cal. 2006).published
- Bach v. Forever Living Prods. U.S., Inc., 473 F. Supp. 2d 1127 (W.D. Wash. 2007).published
- Alexander Mfg., Inc. v. Illinois Union Ins., 666 F. Supp. 2d 1185 (D. Or. 2009).published
- GET OUTDOORS II, LLC v. City of Chula Vista, 407 F. Supp. 2d 1172 (S.D. Cal. 2005).published
- Admiral Ins. v. Debber, 442 F. Supp. 2d 958 (E.D. Cal. 2006).published
- Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 259 F. Supp. 2d 1029 (C.D. Cal. 2003).published
- W. Land Exch. Proj. v. United States Bureau of Land Mgmt., 315 F. Supp. 2d 1068 (D. Nev. 2004).published
- Geo-energy Partners-1983 Ltd. v. Kempthorne, 551 F. Supp. 2d 1210 (D. Nev. 2008).published
- Gonzales v. Arrow Fin. Servs. LLC, 489 F. Supp. 2d 1140 (S.D. Cal. 2007).published
- Travelers Cas. & Sur. Co. v. Am. Int'l Surplus Lines Ins., 465 F. Supp. 2d 1005 (S.D. Cal. 2006).published
- Moodian v. Cnty. of Alameda Soc. Servs. Agency, 206 F. Supp. 2d 1030 (N.D. Cal. 2002).published
- Boydstun Metal Works, Inc. v. Cottrell, Inc., 519 F. Supp. 2d 1119 (D. Or. 2007).published
- Morin v. United States, 534 F. Supp. 2d 1179 (D. Nev. 2005).published
- Winn v. Amerititle, Inc., 731 F. Supp. 2d 1093 (D. Idaho 2010).published
- United States v. Tuff, 359 F. Supp. 2d 1129 (W.D. Wash. 2005).published
- Carson Harbor Vill., Ltd. v. Unocal Corp., 287 F. Supp. 2d 1118 (C.D. Cal. 2003).published
- Wilson v. Costco Wholesale Corp., 426 F. Supp. 2d 1115 (S.D. Cal. 2006).published
- Cavanaugh v. S. California Permanente Med. Grp., Inc., 583 F. Supp. 2d 1109 (C.D. Cal. 2008).published
- Uhlig v. Berge Ford, Inc., 257 F. Supp. 2d 1228 (D. Ariz. 2003).published
- Elsinore Christian Ctr. v. City of Lake Elsinore, 270 F. Supp. 2d 1163 (C.D. Cal. 2003).published
- Brock v. Carrion, Ltd., 332 F. Supp. 2d 1320 (E.D. Cal. 2004).published
- Elsinore Christian Ctr. v. City of Lake Elsinore, 291 F. Supp. 2d 1083 (C.D. Cal. 2003).published
- McGranahan v. Ins. Corp. of New York, 544 F. Supp. 2d 1052 (E.D. Cal. 2008).published
- United States v. Peninsula Commc'ns, Inc., 335 F. Supp. 2d 1013 (D. Alaska 2004).published
- Osborn v. Butler, 712 F. Supp. 2d 1134 (D. Idaho 2010).published
- Fam. Trust of Massachusetts, Inc. v. United States, 892 F. Supp. 2d 149 (D.D.C. 2012).published
- Alexander Acosta v. City Nat'l Corp., 922 F.3d 880 (9th Cir. 2019).published
- Latta v. Otter, 19 F. Supp. 3d 1054 (D. Idaho 2014).published
- QBE Ins. v. Creston Court Condo., Inc., 58 F. Supp. 3d 1137 (D. Or. 2014).published
- Mann v. Cnty. of San Diego, 147 F. Supp. 3d 1066 (S.D. Cal. 2015).published
- W. Sugar Coop. v. Int'l Bhd. of Teamsters Local Union 190, 193 F. Supp. 3d 1149 (D. Mont. 2016).published
- Andrus v. United States Dep't of Energy, 200 F. Supp. 3d 1093 (D. Idaho 2016).published
- Ghiorso v. Am. Gen. Life Ins. Co., 218 F. Supp. 3d 1116 (D. Mont. 2016).published
- Leep v. Trinity Universal Ins. Co., 261 F. Supp. 3d 1071 (D. Mont. 2017).published
- Old Cutters, Inc. v. City of Hailey (In re Old Cutters, Inc.), 488 B.R. 130 (Bankr. D. Idaho 2012).published
- Equal Emp. Opportunity Comm'n v. High Speed Enter., Inc., 833 F. Supp. 2d 1153 (D. Ariz. 2011).published
- Demarest v. City of Leavenworth, 876 F. Supp. 2d 1186 (E.D. Wash. 2012).published
- Flores v. City of San Gabriel, 969 F. Supp. 2d 1158 (C.D. Cal. 2013).published
- Garcia v. W. Waste Servs., Inc., 969 F. Supp. 2d 1252 (D. Idaho 2013).published
- Gwitchyaa Zhee Corp. v. Alexander, 464 F. Supp. 3d 1056 (D. Alaska 2020).published
- Doe v. Univ. of Alaska Bd. of Regents, No. 3:19-cv-00136 (D. Alaska Aug. 11, 2020).
- Seward Prop., LLC v. Arctic Wolf Marine, Inc., No. 3:18-cv-00078 (D. Alaska Dec. 23, 2020).
- Archer v. Orr, No. 2:18-cv-02434 (D. Ariz. July 15, 2019).
- G & G Closed Circuit Events LLC v. Arvizu, No. 2:18-cv-01386 (D. Ariz. Oct. 2, 2019).
- Gonzales v. Burley High Sch., No. 4:18-cv-00092 (D. Idaho July 26, 2019).
- Scoyni v. Salvador, No. 1:18-cv-00506 (D. Idaho Feb. 4, 2020).
- Peregrine Falcon LLC v. Piaggio Am., Inc., No. 1:15-cv-00568 (D. Idaho Mar. 4, 2020).
- Brown v. Yordy, No. 1:17-cv-00160 (D. Idaho Sept. 30, 2020).
- Bank of New York Mellon v. Mews Homeowners Ass'n, No. 2:17-cv-00473 (D. Nev. Sept. 9, 2019).
- Deutsche Bank Nat'l Trust Co. v. SFR Investments Pool 1, LLC, No. 2:17-cv-00457 (D. Nev. Sept. 9, 2019).
- Bank of New York Mellon v. Green Valley South Owners Ass'n No. 1, No. 2:17-cv-02024 (D. Nev. Sept. 13, 2019).
- Mortg. Fund IVC Trust 2016-RN5 v. Brown, No. 2:17-cv-02309 (D. Nev. Sept. 24, 2019).
- Bank Of New York Mellon v. Nevada Ass'n Servs., Inc., No. 2:16-cv-01303 (D. Nev. Jan. 14, 2020).
- HSBC Bank USA Nat'l Ass'n v. Suzannah R. Noonan IRA, LLC, No. 2:16-cv-01216 (D. Nev. Mar. 29, 2022).
- Cooper v. Whatcom Cnty., 650 F. Supp. 3d 1144 (W.D. Wash. 2023).published
- Defazio v. Hollister, Inc., 636 F. Supp. 2d 1045 (E.D. Cal. 2009).published
- Anderson v. Duran, 70 F. Supp. 3d 1143 (N.D. Cal. 2014).published
- First Resort, Inc. v. Herrera, 80 F. Supp. 3d 1043 (N.D. Cal. 2015).published
- Foster Poultry Farms, Inc. v. Certain Underwriters at Lloyd's, 137 F. Supp. 3d 1252 (E.D. Cal. 2015).published
- Taylor v. First Advantage Background Servs. Corp., 207 F. Supp. 3d 1095 (N.D. Cal. 2016).published
- My Left Foot Child.'s Therapy, LLC v. Certain Underwriter's at Lloyd's London Subscribing to Policy No. HAH15-0632, 207 F. Supp. 3d 1168 (D. Nev. 2016).published
- Hackler v. State Farm Mut. Auto. Ins. Co., 210 F. Supp. 3d 1250 (D. Nev. 2016).published
- Fed. Trade Comm'n v. Am. Evoice, Ltd., 242 F. Supp. 3d 1119 (D. Mont. 2017).published
- Chemeon Surface Tech., LLC v. Metalast Int'l, Inc., 312 F. Supp. 3d 944 (D. Nev. 2018).published
- Skyline Wesleyan Church v. Cal. Dep't of Managed Health Care, 313 F. Supp. 3d 1225 (S.D. Cal. 2018).published
- Peterman v. Repub. Nat'l Comm., 369 F. Supp. 3d 1053 (D. Mont. 2019).published
- Argent Preparatory Acad. v. Phila. Indem. Ins. Co., 371 F. Supp. 3d 836 (D. Nev. 2019).published
- Bank of Am., N.A. v. Inspirada Cmty. Ass'n, 376 F. Supp. 3d 1077 (D. Nev. 2019).published
- Shafer v. City of Boulder, 896 F. Supp. 2d 915 (D. Nev. 2012).published
- USF Ins. v. Smith's Food & Drug Ctr., 921 F. Supp. 2d 1082 (D. Nev. 2013).published
- Jaynes Corp. v. Am. Saf. Indem. Co., 925 F. Supp. 2d 1095 (D. Nev. 2012).published
- Penn-Star Ins. Co. v. Zenith Ins. Co., 730 F. Supp. 3d 1053 (E.D. Cal. 2024).published
- Fuentes v. Dish Network L.L.C., No. 4:16-cv-02001 (N.D. Cal. Nov. 15, 2022).
- Auld-Susott v. Galindo, No. 1:20-cv-00270 (D. Haw. Aug. 28, 2023).
- Levy v. Client Servs. Inc, No. 2:23-cv-01099 (D. Nev. May 15, 2024).
- Gutta Jr. v. Sedgwick Claims Mgmt. Servs., Inc., No. 3:22-cv-01145 (D. Or. Jan. 9, 2024).
- Hollis v. SKC Inv., Inc., No. 3:22-cv-00920 (D. Or. Dec. 26, 2023).
- Douglas v. Thompson, No. 6:20-cv-00546 (D. Or. Mar. 31, 2024).
- Desai v. The Lincoln Nat'l Life Ins. Co., No. 1:20-cv-00058 (E.D. Cal. June 4, 2024).
- Balladarez v. Vitro Flat Glass, LLC, No. 1:20-cv-00957 (E.D. Cal. June 28, 2024).
- 10 E. Washington Ave., LLC v. Amguard Ins. Co., No. 3:21-cv-15695 (D.N.J. Apr. 22, 2024).unpublished
- Human Rights Def. Ctr. v. United States Dep't of Just., No. 2:20-cv-00674 (W.D. Wash. May 21, 2024).
- Sutherland v. Watterworth, No. 9:23-cv-00130 (D. Mont. Nov. 15, 2024).
- Volpe v. Vmsb, LLC, No. 1:23-cv-23888 (S.D. Fla. Mar. 28, 2025).
- Schuchardt v. City of Boise, No. 1:24-cv-00039 (D. Idaho Aug. 25, 2025).
- Kj-Park, LLC v. Match Grp., LLC, No. 25-1007 (9th Cir. Jan. 22, 2026).unpublished
- B., No. 3:24-cv-00301 (N.D. Cal. June 29, 2026).
- Fisherport LLC, Jeffrey Fisher & Stacy Fisher v. Carlyon Beach Homeowners Ass'n & Thurston Cnty., No. 3:25-cv-05522 (W.D. Wash. July 20, 2026).
At page 1134 Considering evidence in simultaneous cross-motions for summary judgment17 citing cases
- Hunt v. AAA Nev. Ins. Co., 369 F. Supp. 3d 1113 (D. Nev. 2019).publishedCouncil of Riverside County, Inc. v. Riverside Two , 249 F.3d 1132 , 1134 (9th Cir. 2001) ("[T]he court must consider the appropriate evidentiary material identified and submitted in support of both motions, and opposition to both motions,…
- Am. Wild Horse Campaign v. Zinke, 353 F. Supp. 3d 971 (D. Nev. 2018).publishedCouncil of Riverside County, Inc. v. Riverside Two , 249 F.3d 1132 , 1134 (9th Cir. 2001) ("[T]he court must consider the appropriate evidentiary material identified and submitted in support of both motions, and opposition to both motions,…
- Friends Animals v. Silvey, 353 F. Supp. 3d 991 (D. Nev. 2018).publishedCouncil of Riverside County, Inc. v. Riverside Two , 249 F.3d 1132 , 1134 (9th Cir. 2001) ("[T]he court must consider the appropriate evidentiary material identified and submitted in support of both motions, and opposition to both motions,…
- Tankersley v. MGM Resorts Int'l, No. 2:20-cv-00995 (D. Nev. Sept. 30, 2023).Only the evidence properly 27 before the Court in support of each motion is relied upon by the Court for addressing that motion. 28 See Riverside Two, 249 F.3d at 1134. 1 i. Prima Facie Case: Whether Plaintiff is an ADA Qualified Individua…
- Jain v. Jaddou, No. 5:21-cv-03115, 2023 WL 2769094 (N.D. Cal. Mar. 31, 2023).Council of Riverside Cnty., 249 F.3d at 1134). 22 III.
- Sobel v. Hertz Corp., 698 F. Supp. 2d 1218 (D. Nev. 2010).published
- Hill v. Astrue, 774 F. Supp. 2d 777 (E.D. Va. 2011).published
- Conceptus, Inc. v. Hologic, Inc., 771 F. Supp. 2d 1164 (N.D. Cal. 2010).published
- Discover Bank v. Lemley, 320 P.3d 205 (Wash. Ct. App. 2014).published
- Kavanagh v. City of Phoenix, 25 F. App'x 516 (9th Cir. 2001).unpublished
Show 6 more citing cases
- Brewington v. State Farm Mut. Auto. Ins., 45 F. Supp. 3d 1215 (D. Nev. 2014).published
- Walker River Paiute Tribe v. United States Dep't of Hous. & Urban Dev., 68 F. Supp. 3d 1202 (D. Nev. 2014).published
- Hous. Auth. of the Te-Moak Tribe of W. Shoshone Indians v. United States Dep't of Hous. & Urban Dev., 85 F. Supp. 3d 1213 (D. Nev. 2015).published
- Schutza v. Costco Wholesale Corp., No. 3:19-cv-00990 (S.D. Cal. Nov. 9, 2020).
- Cohen-Breen v. Gray Television Grp., Inc., 661 F. Supp. 2d 1158 (D. Nev. 2009).published
- Crosby Lodge, Inc. v. Nat'l Indian Gaming Comm'n, 803 F. Supp. 2d 1198 (D. Nev. 2011).published
At page 1137 Duty to review cross-motions for summary judgment14 citing cases“the court has an independent duty to review each cross-motion and its supporting evidence”
- Linz v. Core Values Roadside Serv., LLC, No. 2:20-cv-00107 (E.D. Wash. Dec. 22, 2022).(a simultaneous cross-motion is another means to 28 bring to the district court's attention a controversy over the facts)
- Taijeron, No. 1:25-cv-00017 (D. Guam June 3, 2026). “independent duty to review each cross-motion and its supporting evidence”
- Garza v. Tewalt, No. 1:19-cv-00275 (D. Idaho Mar. 31, 2021).“the court has an independent duty to review each cross-motion and its supporting evidence”
- Zhang v. Napolitano, 663 F. Supp. 2d 913 (C.D. Cal. 2009).published
- C.F. v. Capistrano Unified Sch. Dist., 615 F. Supp. 2d 1137 (C.D. Cal. 2009).published
- Walker v. Boeing Corp., 218 F. Supp. 2d 1177 (C.D. Cal. 2002).published
- Henley v. DeVore, 733 F. Supp. 2d 1144 (C.D. Cal. 2010).published
- Monex Deposit Co. v. Gilliam, 680 F. Supp. 2d 1148 (C.D. Cal. 2010).published
- White v. City of Laguna Beach, 679 F. Supp. 2d 1143 (C.D. Cal. 2010).published
- Blizzard Ent. Inc. v. Ceiling Fan Software LLC, 28 F. Supp. 3d 1006 (C.D. Cal. 2013).published
Show 4 more citing cases
- Nigg v. U.S. Postal Serv., 829 F. Supp. 2d 889 (C.D. Cal. 2011).published
- Northland Fam. Plan. Clinic, Inc. v. Ctr. for Bio-Ethical Reform, 868 F. Supp. 2d 962 (C.D. Cal. 2012).published
- United States v. Dean, 945 F. Supp. 2d 1110 (C.D. Cal. 2013).published
- Oakley, Inc. v. Nike, Inc., 988 F. Supp. 2d 1130 (C.D. Cal. 2013).published
At page 1132 [W]hen simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary material identified, and submitted in support of both motions, and in opposition to both motions, before ruling on each of them.12 citing cases
- Larry James Brookshire v. Sacramento Cnty. Sheriff’s Dep't, et al., No. 2:23-cv-02001 (E.D. Cal. Aug. 13, 2026).([W]hen simultaneous cross-motions for summary judgment on the same 21 claim are before the court, the court must consider the appropriate evidentiary material identified 22 and submitted in support of both motions, and…)
- Sec. & Exch. Comm'n v. Langemeier, No. 3:22-cv-00269 (D. Nev. Mar. 4, 2025). ([T]he court must consider the appropriate evidentiary 7 material identified and submitted in support of both motions, and in opposition 8 to both motions, before ruling on each of them)
- Starr Indem. & Liab. Co. v. Signature Flight Support Corp., No. 2:22-cv-02011 (D. Nev. Mar. 28, 2024).(the court must consider the appropriate 20 evidentiary material identified and submitted in support of both motions, and in opposition to both 21 motions, before ruling on each of them)
- Sec. & Exch. Comm'n v. Langemeier, No. 3:22-cv-00269 (D. Nev. Feb. 16, 2024).([T]he court must consider the appropriate 22 evidentiary material identified and submitted in support of both motions, and in opposition to both 23 motions, before ruling on each of them)
- Lisana Meade v. Jules Helm, No. 2:20-cv-08839 (C.D. Cal. May 2, 2022).([T]he court must 10 consider the appropriate evidentiary material identified and submitted in support of 11 both motions, and in opposition to both motions, before ruling on each of them.)
- Sec. & Exch. Comm'n v. Criterion Wealth Mgmt. Ins. Servs., Inc., 599 F. Supp. 3d 932 (C.D. Cal. 2022).published([T]he court must 23 consider the appropriate evidentiary material identified and submitted in support of 24 both motions, and in opposition to both motions, before ruling on each of them.)
- Idaho Conservation League v. Poe, No. 1:18-cv-00353 (D. Idaho June 4, 2021). ([W]hen simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary material identified, and submitted in support of both motions, and in o…)
- Bias v. Brown, No. 4:19-cv-00280 (D. Idaho June 1, 2021). ([W]hen simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary material identified, and submitted in support of both motions, and in o…)
- Franklin Energy Storage One, LLC v. Kjellander, No. 1:18-cv-00236 (D. Idaho Jan. 17, 2020). ([W]hen simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary material identified, and submitted in support of both motions, and in o…)
- Hunt v. AAA Nev. Ins. Co., 369 F. Supp. 3d 1113 (D. Nev. 2019).published([T]he court must consider the appropriate evidentiary material identified and submitted in support of both motions, and opposition to both motions, before ruling on each of them.)
Show 2 more citing cases
- Am. Wild Horse Campaign v. Zinke, 353 F. Supp. 3d 971 (D. Nev. 2018).published([T]he court must consider the appropriate evidentiary material identified and submitted in support of both motions, and opposition to both motions, before ruling on each of them.)
- Friends Animals v. Silvey, 353 F. Supp. 3d 991 (D. Nev. 2018).published([T]he court must consider the appropriate evidentiary material identified and submitted in support of both motions, and opposition to both motions, before ruling on each of them.)
At page 1135 Reviewing evidence in summary judgment motions10 citing casesem- phasis added
- Young v. Stenger, No. 4:21-cv-08131 (N.D. Cal. Aug. 15, 2023).The Fair Housing Council of 24 Riverside County, Inc. v. Riverside Two, 249 F.3d 1132, 1135 (9th Cir. 2001). 25 A district court may only consider admissible evidence in ruling on a motion for summary 26 judgment.
- Stamps.com Inc. v. Endicia, Inc., 437 F. App'x 897 (Fed. Cir. 2011).unpublished
- Humanitarian Law Proj. v. Gonzales, 380 F. Supp. 2d 1134 (C.D. Cal. 2005).published
- United States Ex Rel. North Star Terminal & Stevedore Co. v. Nugget Constr., Inc., 445 F. Supp. 2d 1063 (D. Alaska 2006).published
- London v. Sears, Roebuck & Co., 619 F. Supp. 2d 854 (N.D. Cal. 2009).published
- Del Campo v. Am. Corrective Counseling Serv., Inc., 718 F. Supp. 2d 1116 (N.D. Cal. 2010).published
- Gray v. Suttell & Assocs., 123 F. Supp. 3d 1283 (E.D. Wash. 2015).published
- Henderson v. Lewis, No. 4:17-cv-06977 (N.D. Cal. Sept. 10, 2019).
- Andrews v. Martinez, No. 4:17-cv-04363 (N.D. Cal. Sept. 27, 2019).
- Hollis v. Risenhoover, No. 5:17-cv-00326 (N.D. Cal. June 18, 2020).
v.
RIVERSIDE TWO, a California Partnership Patrick Mcsherry Tomaleen McSherry and Greg McSherry as individuals and doing business as the University Hills Apartments and the Casa del Mar Apartments and Margaret Miller
Thé parties to this civil case filed simultaneous cross-motions for summary judgment. The district court granted Defendants’ motions, denied Plaintiffs’ motion as moot, and entered a judgment dismissing the action. We hold that, when simultaneous cross-motions for summary judgment on the same claim are before the court, the court must consider the appropriate evidentiary material identified and submitted in support of both motions, and in opposition to both motions, before ruling on each of them. Because we cannot ascertain from the record whether the district court followed that procedure, we reverse and remand.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs are Shannon Staples and her minor children, Eugenia Green and her minor children, and Pamela Jackson Boynes and her minor children.[1] They brought this action against Defendants Riverside Two, Patrick McSherry, Toma-leen McSherry, Greg McSherry, and Margaret Miller. The Staples and Green families resided at the Casa del Mar Apartments; the Boynes family rented an apartment in the University Hills complex. Defendants Riverside Two and the McSherrys owned and operated the two complexes; Defendant Miller was the resident manager at University Hills.
Plaintiffs alleged discrimination by Defendants on the basis of race and familial status, in violation of the federal Fair Housing Act, 42 U.S.C. §§ 3601 to 3619 (“FHA”), and the California fair-housing laws. Plaintiffs also alleged several other claims under California law. After the district court dismissed with prejudice several of Plaintiffs’ claims,[2] the parties brought cross-motions for summary judgment on the FHA claim. Plaintiffs joined in a single motion; Defendants filed sepa[*1135]rate motions against each family. As it happens, Plaintiffs’ motion and Defendants’ motions were filed on the same day.
Both Plaintiffs and Defendants submitted a substantial amount of deposition testimony in support of their respective motions. Their accompanying memoranda contained citations to specific places in the supporting documentation. The parties filed “Statements of Genuine Issues” and memoranda in opposition to each others’ motions for summary judgment. Defendants submitted additional evidence in support of their opposition. They also made 145 evidentiary objections to Plaintiffs’ evidence.[3]
Plaintiffs did not submit additional evidence in opposition to Defendants’ motions for summary judgment. Instead, their opposing papers relied on the evidence that they had submitted in support of their motion for summary judgment. Plaintiffs’ “Statement of Genuine Issues” contained seven specific citations to the evidence that they had submitted in support of their cross-motions; the individual families’ memoranda in response to Defendants’ separate motions for summary judgment contained additional, specific citations to that evidence. Plaintiffs’ opposing papers also made many general references to their evidence.
The district court granted all of Defendants’ motions for summary judgment. In its orders, the court stated:
Plaintiffs have not submitted any admissible evidence in opposition to the motion for summary judgment. Plaintiffs’ opposition contains statements in their points and authorities of discriminatory behavior on the part of defendants. These recitations, however, merely repeat the unsworn factual allegations contained in their unverified complaint and are not supported by any admissible evidence.
The court declined to retain supplemental jurisdiction over the state-law claims. It then entered a separate order denying Plaintiffs’ motion for summary judgment as moot and stating that the action was concluded in that court. After judgment was entered, Plaintiffs brought this timely appeal.
STANDARD OF REVIEW
We review de novo a grant of summary judgment. Harris v. Itzhaki, 183 F.3d 1043, 1049 (9th Cir.1999).
DISCUSSION
Plaintiffs raise only one assignment of error on appeal. They argue that the district court erred by failing to review the evidence that they had submitted in support of their motion for summary judgment as evidence in opposition to Defendants ’ motions for summary judgment. Plaintiffs seek a remand.
Federal Rule of Civil Procedure 56, which governs motions for summary judgment, is “arguably ambiguous” as to the scope of the record that the district court must review to determine whether summary judgment is appropriate. Carmen v. S.F. Unified Sch. Dist., 237 F.3d 1026, 1029 (9th Cir.2001). The rule is silent as to how the court must analyze simultaneous cross-motions for summary judgment. However, after a review of relevant commentaries and cases, we agree with Plaintiffs that the district court was required to review the evidence properly submitted in support of their motion to determine whether it presented a disputed issue of material fact precluding summary judgment in favor of Defendants.[4]
[*1136] We cannot tell with certainty what evidence the district court considered before ruling on the summary judgment motions. Its statement that Plaintiffs submitted no admissible evidence in opposition to summary judgment, its denial of Plaintiffs’ motion as moot, and its failure to rule on Defendants’ objections to Plaintiffs’ evidence suggest that the court may not have reviewed the evidence that Plaintiffs had submitted in support of their motion for summary judgment before ruling on Defendants’ motions. Because our review of Plaintiffs’ evidence suggests that at least some of Plaintiffs’ evidence may be admissible and may suffice to create an issue of material fact on their FHA claim, we must decide whether the district court was required to consider such evidence.
Our conclusion that the court had to review the evidence submitted by Plaintiffs in support of their motion for summary judgment, and specifically identified in their moving papers, before ruling on Defendants’ motions, is supported by two principles. First, we agree with the commentators that, when parties submit cross-motions for summary judgment, “[e]ach motion must be considered on its own merits.” William W. Schwarzer, et al., The Analysis and Decision of Summary Judgment Motions, 139 F.R.D. 441, 499 (Feb. 1992); see also 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2720, at 335-36 (3d ed.1998) (stating: “The court must rule on each party’s motion on an individual and separate basis, determining, for each side, whether a judgment may be entered in accordance with the Rule 56 standard.”). In fulfilling its duty to review each cross-motion separately, the court must review the evidence submitted in support of each cross-motion. Accordingly, our conclusion that the district court was required to review the evidence that Plaintiffs had submitted in support of their cross-motion imposes no additional burden upon the district court.
Second, we have held:
It is well-settled in this circuit and others that the filing of cross-motions for summary judgment, both parties asserting that there are no uncontested issues of material fact, does not vitiate the court’s responsibility to determine whether disputed issues of material fact are present. A summary judgment cannot be granted if a genuine issue as to any material fact exists.
United States v. Fred A. Arnold, Inc., 573 F.2d 605, 606 (9th Cir.1978); see also Chevron USA Inc. v. Cayetano, 224 F.3d 1030, 1037 & n. 5 (9th Cir.2000) (acknowledging the district court’s responsibility to analyze whether the record on cross-motions for summary judgment demonstrates the existence of genuine issues of material fact, even in those cases in which both parties believe that there are no material factual issues), cert. denied, — U.S.-, 121 S.Ct. 1403, 149 L.Ed.2d 346 (2001). If a district court has a duty to review the record supporting cross-motions for summary judgment to evaluate whether an issue of fact remains when the parties believe that there is no issue of material fact, then by analogy the court also has a duty to review that record when, as here, the parties do dispute the facts.
Defendants argue that two cases, Carmen and Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst v. Louisiana Hydrolec, 854 F.2d 1538 (9th Cir.1988), and a local rule of the district court limit the court’s review to evidence adequately identified in the opposing papers to the one motion under consideration. We are not persuaded.
In both Carmen and Nilsson, we held that the district court has no obligation to search the entire case file for evidence that establishes a genuine issue of fact when[*1137] the nonmovant presents inadequate opposition to a motion for summary judgment. Carmen, 237 F.3d at 1029-31; Nilsson, 854 F.2d at 1545. We reasoned in Carmen that it would place an unmanageable burden on the district court to require a searching review of the record. Carmen, 237 F.3d at 1031. Those cases are distinguishable, because neither addressed the obligations of a court that is reviewing simultaneous cross-motions for summary judgment. As discussed above, the district court already has an independent duty to review each cross-motion and its supporting evidence. The danger presented in Carmen and Nilsson of burdening the district court with the additional, unmanageable task of sifting through the case record for old materials that neither party is bringing to the court’s attention is absent in this context.
United States District Court — Central District of California Rule 7.14.3 provides:
In determining any motion for summary judgment, the Court will assume that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are (a) included in the “Statement of Genuine Issues” and (b) controverted by declaration or other written evidence filed in opposition to the motion.
According to Defendants, this local rule means that the court need not consider the evidence submitted in support of Plaintiffs’ cross-motion for summary judgment if that evidence is not also specifically identified in Plaintiffs’ opposing papers. Although we have held that this rule relieved the district court of any obligation to “search through a voluminous record” for evidence of disputed facts, Nilsson, 854 F.2d at 1545, we decline to extend that holding to eliminate the court’s duty, recognized in Chevron and Arnold, to review the evidence properly submitted in support of cross-motions for summary judgment to determine whether that evidence demonstrates a genuine issue of material fact. That is, a simultaneous cross-motion is another means to bring to the district court’s attention a controversy over the facts. Perhaps a cautious lawyer would do both, but we will not read the rules to require it.
REVERSED and REMANDED.
Originally, two fair-housing organizations were included in the group of Plaintiffs: the Riverside Fair Housing Council and the Inland Mediation Board. The district court granted summary judgment against the organizational plaintiffs on the basis that the organizations lacked standing. The organizational plaintiffs do not appeal their dismissal from this action, so the district court’s ruling remains undisturbed.
Those rulings are not challenged in this appeal.
The district court made no express rulings on Defendants' evidentiary objections.
We need not, and do not, rule on the validity of Defendants’ objections to Plaintiffs' evidence.