The defendant brought a motion for summary judgment seeking dismissal of an action alleging the loss of money and sensitive documents from a briefcase stolen while the plaintiff was on the defendant’s premises.
The self‑represented plaintiff failed to comply with multiple court orders, did not deliver an affidavit of documents, and filed no responding affidavit material to the summary judgment motion.
Applying Rule 20 of the Rules of Civil Procedure and the “full appreciation test” articulated in Combined Air Mechanical Services Inc. v. Flesch, the court held that the record disclosed no genuine issue requiring a trial.
The court found the statement of claim contained only bald allegations unsupported by evidence and that the plaintiff had not put his best foot forward.
Summary judgment was granted dismissing the action.
