Nancy Radin v. Darlene Hunt

MEMORANDUM

Plaintiff Nancy Radin appeals the district court’s denial of additional discovery to her, its grant of summary judgment to Defendants Darlene Hunt and Showtime Network, Inc., and its award of attorney fees to Defendants under 17 U.S.C. § 505 . Defendants cross-appeal the denial of their motion for sanctions under Federal Rule of Civil Procedure 11. We affirm.

1. The district court did not. abuse its discretion in denying additional discovery. Tatum v. City of San Francisco, 441 F.3d 1090 , 1100 (9th Cir.2006). It permissibly rested its decision on its determination that Plaintiffs failure to engage in discovery earlier was not excusable. See Pfingston v. Ronan Eng’g Co., 284 F.3d 999 , 1005 (9th Cir.2002) (“The failure to conduct discovery diligently is grounds for the denial of [additional discovery].”).

2. The district court correctly granted summary judgment to Defendants as to Plaintiffs copyright infringement claim. Viewing the evidence in the light most favorable to Plaintiff, Mortimer v. Baca, 594 F.3d 714, 721 (9th Cir.2010), no reasonable jury could conclude either that Defendants had access to Plaintiffs work or that the two works are substantially similar…