Ratcliff

Ratcliff v. County of Santa Clara

Good Law
100 F. App'x 657
United States Court of Appeals for the Ninth CircuitMay 28, 2004No. 03-15463; D.C. No. CV-01-20372-JWCalifornia330 words

Opinion

Lead Opinion

*658 MEMORANDUM ***

Janet Ratcliff appeals the district court’s grant of summary judgment to the County of Santa Clara (“the County”) on claims arising from her son’s death. Ratcliff argues that the district court should have extended discovery before granting summary judgment.

Fed.R.Civ.P. 56(f) provides that when considering a motion for summary judgment, a court “may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be hadRatcliff had already been granted four continuances to conduct further discovery. The district court “never formally denied discovery[ ] because [Ratcliff] never formally moved for discovery.” Brae Transp., Inc. v. Coopers & Lybrand, 790 F.2d 1439 , 1443 (9th Cir.1986). “References in memoranda and declarations to a need for discovery do not qualify as motions under Rule 56(f).” Id. “Rule 56(f) requires affidavits setting forth the particular facts expected from the movant’s discovery. Failure to comply with the requirements of Rule 56(f) is a proper ground for denying discovery and proceeding to summary judgment.” Id. (citing Foster v. Arcata Assocs., Inc., 772 F.2d 1453, 1467 (9th Cir.1985)).

Ratcliff only…

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