Carolina Casualty Insurance Company v. Rdd, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR CONTINUANCE UNDER RULE 56(F)

Plaintiff Carolina Casualty Insurance has moved for summary judgment, arguing that the insurance policy it issued to Defendants RDD, Inc., DDR Danville, Inc. and Darin Devincenzi should be rescinded because of alleged false representations made by Defendants in their application for the policy. Defendants cross-moved under Federal Rule of Civil Procedure 56(f) to continue the hearing date of Plaintiffs summary judgment motion, arguing that they have not had sufficient time to conduct all discovery needed to oppose Plaintiffs motion. Having considered the papers filed by the parties, the Court grants Plaintiffs summary judgment motion and denies Defendants’ motion for a continuance under Rule 56(f).

BACKGROUND

This action stems from Sarah Lemke’s employment as a waitress at Forbes Mill Steakhouse, operated by Defendants, in Danville California. On April 3, 2008, Lemke took temporary leave for undisclosed medical reasons. On April 14, 2008, Lemke’s attorney contacted Defendants to obtain various documents related to her employment and benefits package. At this…