interest pursuant to 28 U.S.C. § 1961; a judgment in accordance with this order shall be entered forthwith. SO ORDERED. JUDGMENT The Court, having granted plaintiff/counter-defendant Dunkin’ Donuts Incorporated’s motion for summary judgment, after a hearing conducted April 21, 1999, the Honorable Paul V. Gadola, District Judge, presiding, It is hereby ORDERED, ADJUDGED and DECREED that all remaining claims and counterclaims in the above-entitled action be DISMISSED with prejudice; It is further ORDERED, ADJUDGED and DECREED that judgment be entered in favor of plaintiff/counter-defendant Dun-kin’ Donuts Incorporated in the amount of $97,652.45 and against (D.Haw.1995), aff'd, 97 F.3d 1296 (9th Cir.1996), cert. denied, 520 U.S. 1268, 117 S.Ct. 2441, 138 L.Ed.2d 201 (1997) (<HOLDING>); U.S. v. Island Park, 888 F.Supp. 419, 431-32
holding that because claimant had asserted fifth amendment during discovery he may not submit affidavits in opposition to governments motion for summary judgment recognizing wjhen the nonmoving party relies only on its own affidavits to oppose summary judgment it cannot rely on conclusory allegations unsupported by factual data to create an issue of material fact holding that party may not rely on its own testimony or affidavits to support its version of disputed fact issue in connection with summary judgment motion where party has asserted fifth amendment right not to answer questions concerning that veiy issue holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible holding that when the moving party submits a properly supported summary judgment motion the nonmoving party must produce affirmative evidence to demonstrate genuine issue of fact and may not rely simply on denials or allegations in pleadings