(Download) "Resolution Trust Corp. v. Sharif-Munir-Davidson Development Corp." by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Resolution Trust Corp. v. Sharif-Munir-Davidson Development Corp.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 14, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Sharif-Munir-Davidson Development Corporation ("SMD"), Ramsey M. Munir ("Munir") and the Estate of Louay E. Sharif ("Sharif"), were sued by Southwest Federal Savings Association ("Southwest" or "Bank"), a conservatorship of the Resolution Trust Corporation ("RTC"), on a promissory note and guaranties thereon. Summary judgment was entered for plaintiff, after defendants failed to respond to plaintiffs motion for summary judgment by the deadline set by operation of the local rules. Defendants claim that the court below improperly granted summary judgment for plaintiff. Specifically, defendants argue that under the circumstances, the district courts extension of the deadline for discovery operated as an extension of the deadline for response to the plaintiffs motion for summary judgment, and that as a result they were not required to file any affidavit under Fed.R.Civ.P. 56(f) in order to obtain more time to complete discovery prior to the courts consideration of the motion for summary judgment. Defendants also contend that the district court erred in refusing them leave to amend their answer to plaintiffs complaint more than one year after the litigation began. Defendants seek reversal of summary judgment and a remand for trial on the amount of damages owed under the guaranty. Plaintiff contends that even considering the amended answer and the evidence in defendants affidavits (filed after the deadline for response to the motion for summary judgment had technically expired), there is no issue of material fact or affirmative defense which could affect the outcome of the case if it went to trial. We agree, and therefore affirm the district court.