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· 1/25/2006

Barbara Rodgers v. City of Des Moines Ronald Wakeham

Citations

  • 435 F.3d 904
  • 11 Wage & Hour Cas.2d (BNA) 225
  • 2006 U.S. App. LEXIS 1759
  • 87 Empl. Prac. Dec. (CCH) 42,230
  • 2006 WL 167899

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that district court properly refused to consider unpled allegations raised in a response to a summary judgment motion
  • stating that parties are “not entitle[d] to manufacture claims, which were not pled, late into the litigation for the purpose of avoiding summary judgment”
  • finding that “the district court properly refused to consider unpled allegations” on a motion for summary judgment
  • noting it is not the district court’s responsibility to sift through the record to see if, perhaps, there is an issue of fact
  • affirming district court’s refusal to consider allegations not pled in the complaint when plaintiff never sought leave to amend her complaint
  • “Without some guidance, we will not mine a summary judgment record searching for nuggets of factual disputes to gild a party’s arguments.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Beam, Riley

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.