Del P. Henry, Jr., a Single Man, Plaintiff-Appellant-Cross-Appellee v. Gill Industries, Inc., Defendant-Appellee-Cross-Appellant

How courts have described this case

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

• holding that, in order to justify dismissal 11 under Rule 37, “the losing party's non-compliance must be due to willfulness, fault, or bad faith”
• holding that district court did not err in finding that party's response to request for production was incomplete
• holding that district court abused its discretion by granting motion for summary judgment based on the failure to respond, but affirming summary judgment on other grounds
• noting that a “last minute tender” of discovery does not cure instantaneous 23 effects of discovery misconduct
• stating that attorneys' fee award may be based on affidavits if they are sufficiently detailed
• holding local rule authorizing summary judgment as sanction for failure to respond, without regard to merits, impermissibly violated Fed. R. Civ. P. 56

Source: CourtListener parenthetical corpus (CC0).