American Guarantee & Liability Insurance v. Westchester Surplus Lines Insurance

MEMORANDUM **

Plaintiff-Appellant American Guarantee & Liability Insurance Company (“American Guarantee”) appeals the district court’s grant of summary judgment in favor of Defendants-Appellees Westchester Surplus Lines Insurance Company (“West-chester”) and Royal Indemnity Company (“Royal”), as well as the district court’s denial of American Guarantee’s motion under Federal Rule of Civil Procedure 56(f). Pursuant to Rule 56(f), a party opposing a summary judgment motion may present an affidavit giving specified reasons why it cannot present facts essential to defeat the moving party’s motion. If the opposing party makes an adequate showing, the district court may deny or delay deciding the summary judgment motion to enable further discovery. Generally, a district court should grant a Rule 56(f) motion where the party opposing summary judgment timely seeks relief and specifically identifies relevant information for which there is a basis to believe the information sought actually exists. VISA Int'l Serv. Ass’n v. Bankcard Holders of Am., 784 F.2d 1472, 1475 (9th Cir.1986). “Summary denial is espe-eially inappropriate where the material sought is also the subject of outstanding…