Munns v. Niguel Sante LLC

Filing 45

MEMORANDUM DECISION AND ORDER granting 30 Motion to Continue. All discovery shall be closed on 4/20/2012. The hearing now set for 1/24/2012, is vacated and the Clerk is directed to send out a new notice of hearing for the motion for summary judgment 29 for sometime after 6/1/2012. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

AMANDA MUNNS,
Case No. 4:11-CV-039-BLW
Plaintiff,
MEMORANDUM DECISION
AND ORDER

v.
NIGUEL SANTE LLC, an Idaho limited
liability company d/b/a THE GABLES
OF AMMON, ARROWHEAD
MANAGEMENT COMPANY LLC, an
Idaho limited liability company, and
STEPHANIE ELLWOOD, individually,
Defendants.

INTRODUCTION
The Court has before it a motion to continue filed pursuant to Rule 56(d). The motion is
fully briefed and at issue. The Court will grant the motion for the reasons explained below.
ANALYSIS
Plaintiff Munns seeks additional time to do discovery before responding to the motion for
summary judgment filed by defendant Niguel Sante. Under Rule 56(d), the Court has the
authority to defer consideration of Niguel Sante’s summary judgment motion if Munns shows “it
cannot present facts essential to justify its opposition.” A party requesting a continuance
pursuant to Rule 56(d) must identify by affidavit “the specific facts that further discovery would
reveal, and explain why those facts would preclude summary judgment.” Tatum v. City of San
Francisco, 441 F.3d 1090, 1100 (9th Cir.2006).
Memorandum Decision & Order - 1

Defendant Niguel Sante seeks summary judgment on the ground that it had no
involvement in the employment decisions challenged by Munns. In seeking her continuance,
Munns explains that she has had difficulty getting discovery on Niguel Sante’s involvement and
needs more time to explore that issue.
It appears that Munns has proceeded diligently, and needs additional time to investigate
the very issue on which Niguel Sante seeks summary judgment. Discovery is still open and will
not close until April 20, 2012. See Amended CMO (Dkt. No. 37). That discovery period was not
imposed by the Court but was the result of a Stipulation signed by all parties, see Stipulation
(Dkt. No. 36), and approved by the Court. See Amended CMO (Dkt. No. 37). If Munns is not
allowed an extension until at least that date, the discovery period will be prematurely closed in
violation of the Stipulation and the Court’s Amended CMO. Given that, Munns must be allowed
the full time to complete her discovery. Accordingly, the Court will grant the motion and allow
Munns until April 20, 2012, to conduct discovery, and require her to file her response brief on or
before May 4, 2012.
There is currently a hearing set for January 24, 2012, on the motion for summary
judgment. The Court will vacate that hearing and direct the Clerk to send out a new notice of
hearing for sometime after June 1, 2012. This may also affect the Settlement Conference now
set for March 8, 2012, but the Court will leave to counsel any changes to that date.
ORDER

In accordance with the Memorandum Decision set forth above,
NOW THEREFORE IT IS HEREBY ORDERED, that the motion to continue
under Rule 56(d) (docket no. 30) be GRANTED. All discovery shall be closed on April
Memorandum Decision & Order - 2

20, 2012. Munns shall file her response brief to the motion for summary judgment (docket
no. 29) on or before May 4, 2012.
IT IS FURTHER ORDERED, that the hearing now set for January 24, 2012, is
VACATED and the Clerk is directed to send out a new notice of hearing for the motion for
summary judgment (docket no. 29) for sometime after June 1, 2012.

DATED: January 6, 2012

Honorable B. Lynn Winmill
Chief U. S. District Judge

Memorandum Decision & Order - 3