§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

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The Housing Authority has been afforded ample
opportunity to develop the facts on which it would oppose
summary judgment. To begin with, “[a]s the movant[] for
summary judgment in this case, [the Housing Authority]
w[as] on notice of the need to come forward with all [its]
evidence in support of this motion, and [it] had every
incentive to do so.” Albino, 747 F.3d at 1177. Moreover, the
Housing Authority has had two rounds of litigation in which
to develop the facts necessary to oppose summary judgment.
The issues here are identical to those litigated before the
district court in Nozzi I. At that time, the plaintiffs made a
cross-motion for summary judgment, and the Housing
Authority had a full and complete opportunity to develop
facts to oppose it. On remand, the Housing Authority had the
opportunity to develop additional facts, but it declined to do
so. Instead, it strategically chose to move for a pre-trial
disposition before the close of discovery and effectively cut
                       NOZZI V. HACLA                          39

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