Fu

Fu v. Widnall

Good Law
16 F. App'x 571
United States Court of Appeals for the Ninth CircuitMarch 27, 2001No. 99-55999; D.C. No. ED CV 97-155 RT (VAPx)California920 words

Opinion

Lead Opinion

MEMORANDUM ***

Patrick Y. Fu (“Fu”) appeals the summary judgment of the District Court of the Central District of California in favor of the Secretary of the Air Force in Fu’s action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-l et seq. This court has jurisdiction under 28 U.S.C. § 1291 . We affirm.

DISCUSSION

I. Standard of Review

The district court’s denial of Fu’s motion to delay judgment pursuant to Rule 56(f) Federal Rules of Civil Procedure is reviewed under a standard of abuse of discretion. Stitt v. Williams, 919 F.2d 516 , 521 (9th Cir.1990).

We review de novo the district court’s summary judgment. Rano v.. Sipa Press, Inc., 987 F.2d 580, 584 (9th Cir. 1993). In doing so, we view the evidence in the light most favorable to the nonmoving party and determine whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.

II. Fu’s Rule 56(D Motion

The district court found that Fu was dilatory in his pursuit of the allegedly needed discovery and, therefore, rejected Fu’s Rule 56(f) motion. See Fed.R.Civ.P. 56(f); Keebler Co. v. Murray Baking Co., 866 F.2d 1386 , 1388 &…

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