Construction Laborers Trust Funds for Southern California Administrative Co. v. Martinez Landscape Co.

MEMORANDUM *

Construction Laborers Trust Funds (CLTF) appeals the summary judgment entered in favor of Martinez Landscaping Co. We reverse because the district court overlooked CLTF’s request pursuant to Federal Rule of Civil Procedure 56(f) for a continuance to conduct discovery. Cf. United States v. Larry Flynt, 756 F.2d 1352, 1362 (9th Cir.1985). Discovery had previously been stayed pending resolution of a dispute about subject matter jurisdiction. The court determined that it had jurisdiction, but then treated the parties’ submissions on Martinez’s motion to dismiss as a motion for summary judgment without ruling on the Rule 56(f) request. As a result, CLTF was denied any discovery at all, without consideration of whether the discovery sought was appropriate or could have raised a triable issue of fact.

We cannot say that this does not matter. The order granting summary judgment turned on CLTF’s failure to controvert evidence submitted by Martinez showing that Laborers’ Schedule A is not the “appropriate” one to define Martinez’s contractual obligation to make trust fund contributions. This was based on Martinez’s representation that it assigned work to the Southern…