08-1114 (GAG/BJM) 2 1 court must deny summary judgment. If the court finds that some 28 genuine factual issue remains, the resolution of which could affect the outcome of the case, then the Civil No. The nonmoving party must then set forth specific 27 facts showing that there is a genuine issue for trial.

The 25 moving party bears the initial burden of demonstrating the lack of evidence to support the non- 26 moving party s case. 2006) (alteration in original) (citations omitted). An issue is 22 genuine if it may reasonably be resolved in favor of either party at trial, and material if it 23 possess the capacity to sway the outcome of the litigation under the applicable law. Standard of Review 18 Summary Judgment is appropriate when the pleadings, depositions, answers to 19 interrogatories, and admissions on file, together with the affidavits, if any, show that there is no 20 genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter 21 of law. After reviewing 15 the pleadings and pertinent law, the court DENIES co-defendant Pina s motion for summary 16 judgment (Docket No. Co-defendant Rafael Pina-Nieves ( Pina ) moves for partial summary judgment and 14 requests the dismissal of plaintiff s action for lack of subject matter jurisdiction. 9 OPINION AND ORDER 10 11 Plaintiff Rafael Sierra-Pascual a/k/a Lito MC Cassidy ( Sierra ) filed this action, alleging 12 copyright infringement through the unauthorized publication and distribution of the song Noche 13 Triste. 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO 2 3 4 RAFAEL SIERRA-PASCUAL, a/k/a Lito MC Cassidy 5 Plaintiff, 6 7 Civil No.

Pina records trial