Donald A. VINING, Plaintiff-Appellant, v. Marvin T. RUNYON, Jr., Postmaster General, U.S. Postal Service, Defendant-Appellee

How courts have described this case

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

• holding that trial court “erred in using information obtained in its ex parte, in camera examination of personnel files to judge the merits of [plaintiff’s] claim, and we remand the case for a reconsideration of [plaintiff’s] summary judgment motion.”
• “[O]ur adversarial legal system generally does not tolerate ex parte determinations on the merits of a civil case.” (internal quotation marks omitted)
• “This court has held that it is error for a district court to decide a summary judgment motion before ruling on an outstanding motion to compel.”
• “A premature 21 decision on summary judgment impermissibly deprives the [defendants] of their right to utilize 22 the discovery process to discover the facts necessary to justify their opposition to the motion”
• “A premature decision on summary judgment impermissibly deprives the 7 [defendants] of their right to utilize the discovery process to discover the facts necessary to justify 8 their opposition to the motion”
• “A premature decision on summary judgment impermissibly deprives the 20 [defendants] of their right to utilize the discovery process to discover the facts necessary to justify 21 their opposition to the motion”

Source: CourtListener parenthetical corpus (CC0).