Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Telma S. Diaz v. Jeremiah D. Johnson

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA


February 22, 2013

TELMA S. DIAZ,
PLAINTIFF,
v.
JEREMIAH D. JOHNSON, DEFENDANT.

The opinion of the court was delivered by: Richard G. Kopf Senior United States District Judge

MEMORANDUM AND ORDER

Plaintiff has filed a motion (filing 38) to extend the time for filing her response to Defendant's motion for summary judgment (filing 28). Plaintiff indicates in her motion that she intends to depose Defendant and the Nebraska State Patrol records custodian, but she has failed to file an affidavit or declaration establishing that such discovery must be conducted before she can respond to Defendant's motion for summary judgment, which is based on the defense of qualified immunity.*fn1 Indeed, the record shows Plaintiff has already responded to Defendant's motion by filing an opposing brief (filing 33) and evidence index (filing 36) one day before filing the motion for extension of time. Plaintiff's failure to file a supporting affidavit or declaration is fatal to her motion for extension of time. See Fed. R. Civ. P. 56(d) (district court may allow time to take discovery "[i]f a non-movant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify it opposition" to a motion for summary judgment). Accordingly,

IT IS ORDERED that Plaintiff's motion for extension of time (filing 38) is denied.

BY THE COURT:


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.