Evans v. U.S. Dep't of the Interior, No. 12-466, 2015 WL 4996318 (N.D. Ind. Aug. 20, 2015) (Miller, Jr., J.)
Date
Evans v. U.S. Dep't of the Interior, No. 12-466, 2015 WL 4996318 (N.D. Ind. Aug. 20, 2015) (Miller, Jr., J.)
Re: Request for records concerning Indiana Dunes National Lakeshore
Disposition: Denying plaintiff's motion for discovery
- Litigation Considerations, Discovery: The court holds that "[plaintiff's] affidavit and the corresponding motion for discovery don't show specific reasons why she needs further evidence to defend against the summary judgment motion." "The court understands that [plaintiff] would like to ask the government many more questions; that's the nature of FOIA claims." "But a motion to defer consideration of a summary judgment motion so the opposing party may take discovery isn't designed to allow the opposing party to pursue any and all discovery." "The discovery sought should be limited to what is needed to oppose the summary judgment motion." "[Plaintiff] filed a response to the motion for summary judgment." "So, if she needed evidence to defend against the summary judgment arguments, she should have been able to point to specific arguments and evidence." "[Plaintiff] hasn't identified any discovery that is necessary at this time."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, Discovery
Updated January 12, 2022