Bellevue
Bellevue v. Prudential Insurance Co. of America
Opinion
Lead Opinion
MEMORANDUM **
Jack Bellevue appeals the district court’s summary judgment in favor of Prudential Insurance Company of America (“Prudential”) in Bellevue’s diversity action alleging that Prudential breached its contract by failing to pay him agent renewal and service commissions.
Bellevue argues that the district court erred in denying his Fed.R.Civ.P. 56(f) 1 motion to permit further discovery. This court reviews the district court’s denial of a request to conduct further discovery made by a party opposing a motion for summary judgment under an abuse of discretion standard. See Barona Group of the Capitan Grande Band of Mission Indians v. American Mgmt. & Amusement, Inc., 840 F.2d 1394, 1399-1400 (9th Cir.1987).
The district court did not abuse its discretion in denying Bellevue relief under Rule 56(f). Bellevue failed to set forth with particularity what information he hoped to gain through additional discovery. See Barona Group, 840 F.2d at 1400 (explaining that under Rule 56 the opposing party must make clear what information is sought and how it would preclude summary judgment). Furthermore, Bellevue offers no excuse or justification for why he did not initiate discovery…