context: WCI claims that the district court's Case Management Order expressly limited discovery to the primary liability issues, namely CERCLA, the Spill Act, and breach of contract, and expressly stayed discovery on its state common law claims until after resolution of the threshold liability issues. While WCI raises a colorable claim, we nonetheless decline review of this issue, as WCI's claim is raised for the first time on appeal and is not preserved for appellate review.
citation_a.signal: see also
citation_a.identifier: 90 F.3d 1145, 1149
citation_a.parenthetical: recognizing that while "summary judgment is improper if the non-movant is not afforded a sufficient opportunity for discovery," it is the non-movant's responsibility to inform the district court of the need for discovery, by filing an affidavit pursuant to Rule 56(f
citation_a.sentence: See Plott v. General Motors Corp., 71 F.3d 1190, 1195 (6th Cir.1995) (stating that this Court generally will not review a post-judgment claim asserting a need for discovery where the non-movant failed to advance such claim before the district court); see also Vance ex rel. v. United States, 90 F.3d 1145, 1149 (6th Cir.1996) (recognizing that while “summary judgment is improper if the non-movant is not afforded a sufficient opportunity for discovery,” it is the non-movant’s responsibility to inform the district court of the need for discovery, by filing an affidavit pursuant to Rule 56(f) of the Federal Rules of Civil Procedure or filing a motion requesting additional discovery).
citation_b.signal: see
citation_b.identifier: 71 F.3d 1190, 1195
citation_b.parenthetical: stating that this Court generally will not review a post-judgment claim asserting a need for discovery where the non-movant failed to advance such claim before the district court
citation_b.sentence: See Plott v. General Motors Corp., 71 F.3d 1190, 1195 (6th Cir.1995) (stating that this Court generally will not review a post-judgment claim asserting a need for discovery where the non-movant failed to advance such claim before the district court); see also Vance ex rel. v. United States, 90 F.3d 1145, 1149 (6th Cir.1996) (recognizing that while “summary judgment is improper if the non-movant is not afforded a sufficient opportunity for discovery,” it is the non-movant’s responsibility to inform the district court of the need for discovery, by filing an affidavit pursuant to Rule 56(f) of the Federal Rules of Civil Procedure or filing a motion requesting additional discovery).