Summary judgment is appropriate if there is no genuine issue of material fact and the moving
party is entitled to judgment as a matter of law. The moving party has the burden of demonstrating
the absence of a genuine issue of material fact, and the Court must view the facts in the light most
favorable to the nonmoving party. "Where cross-motions for summary judgment are filed, a court
'must evaluate each party's motion on its own merits, taking care in each instance to draw all reasonable
inferences against the party whose motion is under consideration.'