U.S. v. Wilson

4 Citing cases

  1. Richardson v. City and Cty. of Honolulu

    759 F. Supp. 1477 (D. Haw. 1991)   Cited 6 times
    In Richardson v. City and County of Honolulu, 759 F. Supp. 1477 (D.Haw. 1991) ("Richardson I"), this court considered the constitutionality of Ordinance 91-96's statutory predecessor, Ordinance 90-95.

    It is within the trial court's discretion to grant or refuse a Rule 56(f) motion for a continuance. Caravan Mobile Home Sales, Inc. v. Lehman Bros. Kuhn Loeb, Inc., 769 F.2d 561 (9th Cir. 1985). If the non-movants have had ample time to conduct discovery, a continuance is not appropriate. United States v. Wilson, 881 F.2d 596 (9th Cir. 1989). Where the defendants have had several weeks in which to rebut the plaintiff's argument, defendants are not entitled to a continuance.

  2. Bella Lewitzky Dance Foundation v. Frohnmayer

    754 F. Supp. 774 (C.D. Cal. 1991)   Cited 4 times

    Standard for Summary Judgment The moving party bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the record which it believes demonstrate the absence of a genuine issue of material fact. U.S. v. Wilson, 881 F.2d 596, 601 (9th Cir. 1989) citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). The non-moving party must then offer evidence of such a caliber that a fair minded jury could return a verdict for the non-moving party on the evidence presented.

  3. Kresock v. United States Tr. (In re Kresock)

    No. AZ-20-1270-BSL (B.A.P. 9th Cir. Dec. 22, 2021)   Cited 2 times

    However, conclusory statements of fact and self-serving declarations are insufficient to create genuine issues of material fact, United States v. Wilson, 881 F.2d 596, 601 (9th Cir. 1989), and "[e]ven in cases where elusive concepts such as motive or intent are at issue, summary judgment may be appropriate if the nonmoving party rests merely upon conclusory allegations, improbable inferences, and unsupported speculation." Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir. 1990), cited with approval in Gertsch v. Johnson & Johnson Fin. Corp. (In re Gertsch), 237 B.R. 160, 165 (9th Cir. BAP 1999)

  4. Lashinsky v. Kresock (In re Kresock)

    Case No. 0:16-bk-08631-BMW (Bankr. D. Ariz. Nov. 24, 2020)

    In re Wills, 243 B.R. 58, 65 (B.A.P. 9th Cir. 1999). However, conclusory statements of fact and self-serving declarations are insufficient to create genuine issues of material fact, United States v. Wilson, 881 F.2d 596, 601 (9th Cir. 1989), and "[e]ven in cases where elusive concepts such as motive or intent are at issue, summary judgment may be appropriate if the nonmoving party rests merely upon conclusory allegations, improbable inferences, and unsupported speculation." Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir. 1990) (cited with approval by Gertsch v. Johnson & Johnson Fin. Corp (In re Gertsch), 237 B.R. 160, 165 (B.A.P. 9th Cir. 1999)).