Johnson v. Northwest Airlines, Inc.

Filing 85

ORDER (vrwlc2, COURT STAFF) (Filed on 1/8/2010)

1 2 3 4 5 6 7 8 9 United United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BARBARA JOHNSON, Plaintiff, v NORTHWEST AIRLINES, INC et al Defendant. / No C 08-2272 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

In opposition to defendant Globe Aviation Services Corporation's ("Globe") motion for summary judgment, (Doc #68), plaintiff requests a continuance pursuant to FRCP 56(f) to allow her to conduct further discovery. Rule 56(f) provides that "[i]f a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may * * * order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken." To

obtain a continuance under Rule 56(f), parties must establish: "(1) that they have set forth in affidavit form the specific facts that they hope to elicit from further discovery, (2) that the facts sought exist, and (3) that these sought-after facts are `essential'

1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

to resist the summary judgment motion." 138 F3d 772, 779 (9th Cir 1998).

State of Cal v Campbell,

While it is true that plaintiff's declaration sets forth her alleged difficulties in obtaining discovery from Globe, plaintiff fails to identify any specific facts or particular factual issues material to her opposition that she hopes further discovery would produce. At a hearing on January 7, 2010,

plaintiff's counsel was given an opportunity to supplement his claim that further discovery was necessary in order to oppose Globe's summary judgment motion. Counsel again failed to identify

specific information that further discovery would likely produce. Because plaintiff has failed to comply with the requirements of FRCP 56(f) in that she did not specify what evidence she sought to discover that might have precluded summary judgment, plaintiff's FRCP 56(f) declaration fails to justify her failure to oppose Globe's summary judgment motion. Plaintiff shall file her opposition to Globe's motion for summary judgment on or before February 11, 2010. Globe may file

its reply on or before February 25, 2010, at which time the matter will be submitted with no further hearing unless ordered by the court. Northwest Airlines' motion for summary judgment will be heard at 10 AM on March 11, 2010.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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