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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.