Diaz v. Montgomery

How courts have described this case

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

• holding that, on a motion to dismiss for lack of personal jurisdiction, “district courts have considerable procedural leeway, which includes permitting discovery in aid of the motion”
• noting that for a motion to dismiss under Rule 12(b)(3), parties may submit affidavits to demonstrate lack of venue
• recognizing the district court's \inherent power to supervise and control its own proceedings and to sanction counsel or a litigant for bad-faith conduct\ following \adequate notice and an opportunity to be heard\ (internal quotation marks and citations omitted)
• recognizing the district court's \inherent power to supervise and control its own proceedings and to sanction counsel or a litigant for bad-faith conduct\ following \adequate notice and an opportunity to be heard\ (internal quotation marks and citations omitted)
• holding the court may consider “evidence outside the pleadings[]” under “Rule 12(b)(2), where district courts have considerable procedural leeway, which includes permitting discovery in aid of the motion or conducting an evidentiary hearing on the merits of the motion”
• affirming district court’s conclusion that claim of imminent danger was “without foundation” when the prisoner’s explanation was “both circular and completely conclusory”

Source: CourtListener parenthetical corpus (CC0).