context: While Woods did ask the district court to postpone its ruling until he could depose Flores and the officers, he did not file an affidavit outlining his reasons for needing further discovery as contemplated by Rule 56(f). This alone justifies affirmance of the district court's decision.
citation_a.signal: see
citation_a.identifier: 41 F.3d 296, 302-03
citation_a.parenthetical: holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendant's summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56(f
citation_a.sentence: See Wallace v. Tilley, 41 F.3d 296, 302-03 (7th Cir.1994) (holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendant’s summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56(f), and stating that “ ‘when a party does not avail himself of relief under Rule 56(f), it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment’ ” (citation omitted)); see also Jones v. Merchants Nat’l Bank & Trust Company of Indianapolis, 42 F.3d 1054, 1060 (7th Cir.1994); Kinney v. Indiana Youth Ctr., 950 F.2d 462, 466 (7th Cir.1991); Boling v. Romer, 101 F.3d 1336, 1339 n. 3 (10th Cir.1996); Burlington Coat Factory Warehouse Corp. v. Esprit De Corp., 769 F.2d 919, 926 (2d Cir.1985) (collecting cases); see also Committee for the First Amendment v. Campbell, 962 F.2d 1517, 1522 (10th Cir.1992) (ruling that unverified statements in an attorney’s memoranda of law alleging a need for a continuance on a motion for summary judgment pending further discovery were insufficient as grounds for a continuance under Rule 56(f), and stating that “[a]dvocacy by counsel does not suffice for evidence or fact in the Rule 56(f) context.”) (citation omitted).
citation_b.signal: see also
citation_b.identifier: 962 F.2d 1517, 1522
citation_b.parenthetical: ruling that unverified statements in an attorney's memoranda of law alleging a need for a continuance on a motion for summary judgment pending further discovery were insufficient as grounds for a continuance under Rule 56(f
citation_b.sentence: See Wallace v. Tilley, 41 F.3d 296, 302-03 (7th Cir.1994) (holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendant’s summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56(f), and stating that “ ‘when a party does not avail himself of relief under Rule 56(f), it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment’ ” (citation omitted)); see also Jones v. Merchants Nat’l Bank & Trust Company of Indianapolis, 42 F.3d 1054, 1060 (7th Cir.1994); Kinney v. Indiana Youth Ctr., 950 F.2d 462, 466 (7th Cir.1991); Boling v. Romer, 101 F.3d 1336, 1339 n. 3 (10th Cir.1996); Burlington Coat Factory Warehouse Corp. v. Esprit De Corp., 769 F.2d 919, 926 (2d Cir.1985) (collecting cases); see also Committee for the First Amendment v. Campbell, 962 F.2d 1517, 1522 (10th Cir.1992) (ruling that unverified statements in an attorney’s memoranda of law alleging a need for a continuance on a motion for summary judgment pending further discovery were insufficient as grounds for a continuance under Rule 56(f), and stating that “[a]dvocacy by counsel does not suffice for evidence or fact in the Rule 56(f) context.”) (citation omitted).