1)...Motions for summary Judgement are not favored by the Courts, and the burden is generally on the one filing such motions to show that assuming all the facts pled in the complaint are true, plaintiff as a matter of law has no case that can go forward in the court and should be dismissed...

2)...In arguing a Motion for Summary Judgement to have to point out to a "STATEMENT OF RELEVANT FACTS" and then argue that under the applicable statutory and case law MOTION should be granted...

3)...Digicor's attorneys technically are correct that all the relevant facts should be "On the table" when the Motion is filed...

4)...On the other hand if in their Response Digicor attorneys have raised a collateral fact, or that a specific fact claimed in the MOTION was not available to them, Blakely can certainly file his ADDENDUM TO HIS MOTION with attendant Affidavit to show that the contested fact was indeed supplied to digicor previously...

It really comes down to how sick is the Court of this case...

Clearly BOW and his attorneys are going to drag this one out to "Judgement Day" if they can, and at this stage is no more than a nuiscance in light od what DM is doing for EDIG...

Gil...