Is there any case law in which the court has found that if a party is not moving, can the nonmoving party continue to sue the moving party?

MultiRegion, United States of America

The following excerpt is from Silvis v. Cal. Dep't Of Corr., NO.:1:07-cv-00332-LJO-GSA-PC (E.D. Cal. 2011):

630 (9th Cir. 1987), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could return a verdict for the nonmoving party, Wool v. Tandem Computers, Inc., 818 F.2d 1433, 1436 (9th Cir. 1987).

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