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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1437f

Citation
§ 1437f
Parent Document
Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Effective Date
2015-11-30

Other Sections in This Document (154)

Full Text

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(quoting Cool Fuel, Inc. v. Connett, 685 F.2d 309, 312 (9th
Cir. 1982)). So long as the moving party has “be[en] given
reasonable notice that the sufficiency of his or her claim will
be in issue,” Buckingham v. United States, 998 F.2d 735, 742
(9th Cir. 1993), and has therefore had “adequate time to
develop the facts on which the litigant [would] depend to
oppose summary judgment,” Portsmouth Square v.
Shareholders Protective Comm., 770 F.2d 866, 869 (9th Cir.
1985), sua sponte summary judgment is appropriate. Doing
so preserves judicial resources by preventing courts from
having to preside over “unnecessary trials” where no genuine
issues of fact are in dispute, which is consistent with the
overall “objective of [Federal Rule of Civil Procedure 56] of
expediting the disposition of cases.” 10A Charles A. Wright,
Arthur R. Miller & Mary K. Kane, Federal Practice and
Procedure § 2720, at 345 (3d ed. 1998).