Zach Porter Investments, LLC, an Idaho limited liability company; Zachery Porter, an individual; and Jungle Hooks, LLC, an Idaho limited liability company v. Reiss Technology Corp., a New Jersey corporation; Paul Reiss, an individual; and Joseph Fanelli, an individual; Dave Roth, an individual; and Rosenberg Rich Baker Berman, P.A., a New Jersey professional corporation

Zach Porter Investments · United States District Court for the District of Idaho · May 4, 2026 · No. 1:23-cv-00249-DCN

Summary

The United States District Court for the District of Idaho deferred ruling on Plaintiffs’ motion for summary judgment under Federal Rule of Civil Procedure 56(d). The court found that Defendants had identified essential information likely to be obtained through ongoing discovery and had demonstrated that discovery was still at an early stage. The motion was held in abeyance, and Defendants’ request for Rule 56(d) relief was granted.

Holdings

  1. Defendants satisfied the requirements for Rule 56(d) relief by identifying the information needed to respond to the summary-judgment motion, explaining why existing information was insufficient, and showing that the information existed and was likely within plaintiffs' custody or control.
  2. The court deferred ruling on plaintiffs' summary-judgment motion and held it in abeyance until discovery was complete.

Questions Presented

  1. Whether defendants satisfied the requirements of Federal Rule of Civil Procedure 56(d) for deferral of a summary-judgment motion because they lacked essential facts and needed additional discovery.
  2. Whether the court should hold plaintiffs' summary-judgment motion in abeyance until discovery was complete.

Disposition

other

Cases Cited (3)

  • Blough v. Holland Realty, Inc., 574 F.3d 1084, 1091 n.5 (9th Cir. 2009)(followed)
  • Maple v. Rainbow's End Recovery Ctr., 2018 WL 443440 (D. Idaho Jan. 16, 2018)(followed)
  • Tatum v. City & County of San Francisco, 441 F.3d 1090, 1100 (9th Cir. 2006)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…