Filed: Mar. 14, 2001
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit _ No. 00-50529 Summary Calendar _ MICHAEL E. BISHOP, Dr., Plaintiff-Appellant, VERSUS BAYLOR UNIVERSITY, Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas, Waco Division (W-98-CV-131) March 13, 2001 Before DAVIS, JONES and DeMOSS, Circuit Judges. PER CURIAM:1 Plaintiff Dr. Michael E. Bishop (“Bishop”) appeals the dismissal on summary judgment of his employment discrimination claims against Baylo
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit _ No. 00-50529 Summary Calendar _ MICHAEL E. BISHOP, Dr., Plaintiff-Appellant, VERSUS BAYLOR UNIVERSITY, Defendant-Appellee. Appeal from the United States District Court for the Western District of Texas, Waco Division (W-98-CV-131) March 13, 2001 Before DAVIS, JONES and DeMOSS, Circuit Judges. PER CURIAM:1 Plaintiff Dr. Michael E. Bishop (“Bishop”) appeals the dismissal on summary judgment of his employment discrimination claims against Baylor..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
___________________________
No. 00-50529
Summary Calendar
___________________________
MICHAEL E. BISHOP, Dr.,
Plaintiff-Appellant,
VERSUS
BAYLOR UNIVERSITY,
Defendant-Appellee.
Appeal from the United States District Court for
the Western District of Texas, Waco Division
(W-98-CV-131)
March 13, 2001
Before DAVIS, JONES and DeMOSS, Circuit Judges.
PER CURIAM:1
Plaintiff Dr. Michael E. Bishop (“Bishop”) appeals the
dismissal on summary judgment of his employment discrimination
claims against Baylor University. He also challenges certain
orders issued by the district court denying requests for extension
or modification of discovery deadlines.
As to the district court’s decision to grant Baylor’s motion
1
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
for summary judgment on the merits and the resulting order to
dismiss Bishop’s claims, we affirm for essentially the reasons
stated in the district court’s order dated April 4, 2000.
As to the district court’s denial of Plaintiff’s requests for
extensions of discovery deadlines and for new or modified
scheduling orders, we start with the premise that a district
court’s denial of a continuance for additional discovery is
reviewed to determine whether it represents an abuse of discretion
and will not be overturned unless it is arbitrary or clearly
unreasonable. Transamerica Ins. Co. v. Avenell,
66 F.3d 715, 721
(5th Cir. 1995). As it appears that plaintiff’s motions for
additional time for discovery were made for the purpose of
obtaining evidence with which to oppose defendant’s motion for
summary judgment, we will evaluate it as a motion under Rule
56(f). To obtain a continuance in accordance with this rule, a
party must explain (1) why it is currently unable to present
evidence creating a genuine issue of material fact, and (2) how a
continuance would enable the presentation of such evidence. Liquid
Drill, Inc. v. U.S. Turnkey Exploration, Inc.,
48 F.3d 927, 930
(5th Cir. 1995). With regard to the first element, Bishop’s
motions cite primarily his counsel’s substantial work obligations
in other cases. While we are sympathetic to counsel’s plight as a
solo practitioner, we note that this case had been pending for
eight months prior to a joint request for extension of the
discovery deadlines (which the district court granted) and for four
additional months before Bishop requested the first of the
extensions at issue on appeal. During the four month extension
period, Bishop noticed no depositions of the witnesses whose
testimony is now deemed critical to this case. Under these
circumstances, we cannot say that the district court abused its
discretion in denying further extensions of the discovery deadline.
Accordingly, the judgment of the district court is AFFIRMED.