Saroyan Lumber Co. v. El & El Products Corp.

MEMORANDUM *

Saroyan Lumber sued El & El Wood Products, a former distributor of Saroyan’s moldings, for copyright and trademark infringement, unfair competition, and breach of contract. Saroyan timely appeals the district court’s grant of summary judgment in favor of El & El, which was based in part on the finding that Saroyan failed to demonstrate that it suffered any damages.

1. Admissibility of Unauthenticated Sales Documents.

Under the Federal Rules of Civil Procedure, declarations or affidavits are admissible for purposes of summary judgment if they are based on personal knowledge, they set forth “such facts as would be admissible in evidence,” and they show that the declarant or affiant is “competent to testify to the matters stated therein.” Fed.R.Civ.P. 56(e). The district court did not abuse its discretion in refusing to admit the declarations and exhibits that were attached to the declaration of Saroyan’s attorney. See Canada v. Blain’s Helicopters, Inc., 831 F.2d 920 , 925 (9th Cir.1987).

2. Rule 56(f) Request For a Continuance.

We review for abuse of discretion a district court’s decision not to permit additional discovery pursuant to Federal Rule of Civil…