TMJ Hawaii, Inc. v. Nippon Trust Bank

MEMORANDUM *

Plaintiff TMJ Hawaii, Inc. (“TMJ”) filed an amended complaint in federal court against defendants Nippon Trust Bank and Kelley Drye & Warren LLP in this diversity action, alleging claims for fraud, breach of contract, and breach of professional and fiduciary duty. The claims arose out of the sale of two properties in Hawaii owned by Ishimura Building Company, Ltd., TMJ’s assignor. The district court granted summary judgment for the defendants. TMJ appeals, challenging the district court’s denial of its request to continue the motion pursuant to Federal Rule of Civil Procedure 56(f), and the district court’s subsequent grant of summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse because the grant of summary judgment was premature.

The district court abused its discretion by refusing to allow TMJ additional time under Rule 56(f) to obtain a deposition or affidavit from Mr. Ishimura before ruling on Defendants’ summary judgment motion. See Maljack Productions, Inc. v. GoodTimes Home Video Corp., 81 F.3d 881, 887 (9th Cir.1996) (applying abuse of discretion standard of review). The district court denied the requested continuance on the grounds…