· 5/10/2004
Vargas-Ruiz v. Golden Arch Development, Inc.
Citations
- 368 F.3d 1
- 58 Fed. R. Serv. 3d 522
- 2004 U.S. App. LEXIS 9078
- 2004 WL 1045498
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that when “a party professes an inability to respond to a summary judgment motion because of incomplete discovery, his recourse is by way of Fed.R.Civ.P. 56(f)”
- finding additional discovery unwarranted when party \had available to him a full complement of discovery devices\ earlier in the case but \chose not to use these devices in a timely fashion\
- finding additional discovery unwarranted when party “had available to him a full complement of discovery devices” earlier in the case but “chose not to use these devices in a timely fashion”
- Rule 56(f) motion should be filed “promptly upon service of defendant’s dispositive motion”
- \[A plaintiff] must offer the trial court more than optimistic surmise.\
- “Among the ways that a plaintiff can rebut a prima facie finding of 4 probable cause is by showing that the criminal prosecution was induced by fraud, corruption, 5 perjury, fabricated evidence, or other wrongful conduct undertaken in bad faith.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Gibson, Howard
Read full opinion on CourtListenerSourced 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.