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· 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 CourtListener

Sourced 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.