context: Considering QRS's new theories at this point would effectively amend the Complaint after the close of discovery and initiation of summary judgment proceedings. Accordingly, this Court finds that QRS's amended Complaint did not provide IPC with fair notice and will not consider QRS's new theories.
citation_a.signal: but see
citation_a.parenthetical: "[W]hen a party raises a claim in materials filed in opposition to a motion for summary judgment, the district court should treat the filing as a request to amend the pleadings and should consider whether the evidence presented creates a triable issue of material fact."
citation_a.sentence: See id. at 968-969; id. at 969 (holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants “no notice of the specific factual allegations presented for the first time in [the plaintiffs] opposition to summary judgment”); Tollis, Inc. v. County of San Diego, 505 F.3d 935, 943 (9th Cir.2007) (finding that the district court properly granted the defendant’s motion for summary judgment where the plaintiff failed to raise a claim in its complaint); Rothman v. Dist. Dir. of IRS, 483 F.2d 1079, 1081 (9th Cir.1973) (finding that the trial court was correct in refusing to consider an issue that was never raised until the plaintiff filed his brief in support of his motion for summary judgment); but see United States ex rel. Schumer v. Hughes Aircraft Co., 63 F.3d 1512, 1524 (9th Cir.1995) (“[W]hen a party raises a claim in materials filed in opposition to a motion for summary judgment, the district court should treat the filing as a request to amend the pleadings and should consider whether the evidence presented creates a triable issue of material fact.”), vacated on other grounds, 520 U.S. 939, 117 S.Ct. 1871, 138 L.Ed.2d 135 (1997); Apache Survival Coalition v. United States, 21 F.3d 895, 910-11 (9th Cir.1994) (same).
citation_b.signal: see
citation_b.identifier: 483 F.2d 1079, 1081
citation_b.parenthetical: finding that the trial court was correct in refusing to consider an issue that was never raised until the plaintiff filed his brief in support of his motion for summary judgment
citation_b.sentence: See id. at 968-969; id. at 969 (holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants “no notice of the specific factual allegations presented for the first time in [the plaintiffs] opposition to summary judgment”); Tollis, Inc. v. County of San Diego, 505 F.3d 935, 943 (9th Cir.2007) (finding that the district court properly granted the defendant’s motion for summary judgment where the plaintiff failed to raise a claim in its complaint); Rothman v. Dist. Dir. of IRS, 483 F.2d 1079, 1081 (9th Cir.1973) (finding that the trial court was correct in refusing to consider an issue that was never raised until the plaintiff filed his brief in support of his motion for summary judgment); but see United States ex rel. Schumer v. Hughes Aircraft Co., 63 F.3d 1512, 1524 (9th Cir.1995) (“[W]hen a party raises a claim in materials filed in opposition to a motion for summary judgment, the district court should treat the filing as a request to amend the pleadings and should consider whether the evidence presented creates a triable issue of material fact.”), vacated on other grounds, 520 U.S. 939, 117 S.Ct. 1871, 138 L.Ed.2d 135 (1997); Apache Survival Coalition v. United States, 21 F.3d 895, 910-11 (9th Cir.1994) (same).