· 12/1/2008
Ballard v. Heineman
Citations
- 548 F.3d 1132
- 2008 U.S. App. LEXIS 24297
- 2008 WL 5048429
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- considering statements of fact admitted under NECivR 56.1 when the opposing party did not respond
- deeming the movants’ statements of fact in support of their motions for summary judgment admitted under the district court’s local rule where the plaintiff did not respond to the statements
- \[C]onclusory affidavits devoid of specific allegations rebutting the moving party's evidence cannot defeat a summary judgment motion.\
- standard of review; discovery need not be complete before court grants summary judgment, unless party files affidavit showing what facts further discovery may uncover
- The plaintiff failed to respond to the defendants’ statements of fact, and the district court deemed the defendants’ facts admitted.
- “Because [plaintiff] never filed a proper Rule [56(d)] motion, the district court did not abuse its discretion by granting summary judgment on the record before it.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Smith, Gruender
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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