You can file your motion at any time provided that the opposition has sufficient time to file its response. Be aware, however, that the opposition can (and will) ask the court to either dismiss the motion or postpone the hearing for a long enough period of time in which it can conduct discovery to obtain evidence with which to oppose your motion. After all, the defendant has rights too. And, do not be so sure about your likelihood of success. There are many bridges to cross to win an MSJ. It sounds as though you are self-represented. This may not be your wisest choice. Your question demonstrates a basic lack of understanding of the legal procedural issues. I recommend that, at minimum, you consult with an attorney well familiar with the Federal Rules of Civil Procedure as well as the local USDC rules.
The information given is generic and does not constitute legal advice, which would only be given after a consultation and complete review of the specific facts of your case.
No court will hear a motion for summary judgment before the defendant has a right to file an answer. Trying it will simply give the defendant more time to study your paperwork. Wait until it is likely that the court will allow the motion to proceed - after the answer and after a reasonable period of time for the defendant to engage in whatever discovery it believes it needs to seek. Otherwise you simply hand your opponent an advantage.
Good luck to you.
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