· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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