Sanborn

Sanborn v. Placer County

Good Law
80 F. App'x 566
United States Court of Appeals for the Ninth CircuitOctober 31, 2003No. 02-16371California760 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs Lyman and Grace Sanborn appeal from the district court’s grant of summary judgment in favor of defendants. The facts and prior proceedings are known to the parties, and are restated here only as needed.

I

The Sanborns first contend that the district court abused its discretion when it denied their motion for a continuance under Fed.R.Civ.P. 56(f). A party seeking a continuance in order to pursue further discovery must “proffer sufficient facts to show that the evidence sought exists and that it would prevent summary judgment.” Nidds v. Schindler Elevator Corp., 113 F.3d 912, 921 (9th Cir.1996). Here, the Sanborns’ motion did little more than state their need for additional information and append pleadings from cases allegedly involving similar conduct by officers. The motion did not point to any specific information that would be revealed *568 by further discovery, nor did it explain how any such evidence would counter defendants’ summary judgment motion. We therefore conclude that the district court did not abuse its discretion in denying the Sanborns’ Rule 56(f) motion.

II

The Sanborns next argue that the district court erred when it granted…

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