Dodge

Dodge v. Cheit

Good Law
155 F. App'x 278
United States Court of Appeals for the Ninth CircuitNovember 18, 2005No. 04-15240; D.C. No. CV-02-01089-FCDCalifornia315 words

Opinion

Lead Opinion

MEMORANDUM **

This is the third appeal to this court arising out of the closing of the Dodge City Inn, formerly operated by appellant Chun Mei Dodge in Sacramento. 1 See Dodge v. Johnson, 41 Fed.Appx. 138 (2002); Dodge v. Johnson, 92 Fed.Appx. 404 (2004). Because the extensive history of this litigation is familiar to the parties, we will not recount it here.

The district court did not abuse its discretion in declining to permit additional discovery under Fed.R.Civ.P. 56(f). The record supports the district court’s conclusion that Dodge had more than ample time to conduct discovery and develop her claims.

The district court properly granted summary judgment on Dodge’s claims for malicious prosecution, selective prosecution, and interference with First Amendment associational rights. Dodge failed to present any reasonable evidence that the prosecution against her — although ultimately unsuccessful — was not supported by probable cause, that others similarly situated were not prosecuted, or that her business associations were anything more than ordinary commercial relationships unprotected by the First Amendment. See Freeman v. City of Santa Ana, 68 F.3d 1180, 1189 (9th…

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