Professional Documents
Culture Documents
____________________
No. 95-2134
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
________________
____________________
____________________
Per Curiam.
__________
Plaintiff A.G.
Edwards, Jr.
appeals
from
of
defendants New
England Telephone
and Telegraph
Co. and
NYNEX Corp.
the reasons
stated in
and Decision.
1.
It is plain
Haines
______
of
of
the
doubt
defendants
nonetheless
and
owned
accepted
as
the telephones
determined
conjecture, plaintiff
that,
true
in
aside
his
assertion
question.
from
The
speculation
that
court
and
tending to show
that
the telephones
sounds
the
were defectively
telephones
emitted
designed or
caused
his
503,
506
(1st
hearing
1994) ("[t]he
to
Cir.
loss.
Fishing Corp. v.
_____________
that the
Constitution
does
F.3d
not
to represent himself").
2.
district court
summary
employed in deciding
judgment.
defendants' motion
for
-2-
non-movant's
facts
_____
favor,
sufficient to
Smith,
_____
904 F.2d
that party
show a
112, 115
still must
submit specific
________
dispute.
Griggs-Ryan v.
___________
real
(1st Cir.
defeat a
properly focused
omitted)
(non-movant may
Rule 56
not
1990).
"[C]onclusory
. . . will [not]
motion."
simply rest
serve to
Id. (citation
___
upon his
or her
pleadings).
As
the
district court
found, plaintiff
facts.
Based on
mandated.
Cf.
___
F.2d 399,
400-01
this state of
any corroborative
affairs, a
(1st
Cir.
1988)
(where
necessary).
only
v. Radin,
_____
the
facts
856
are
As for plaintiff's
indicate
exactly
reveal.
Thus,
what
the
facts
additional
district
court
did
discovery
not
(1st Cir.
despite an
abuse
would
its
See Bank
___ ____
100
opposing party's
would
lead
3.
judgment
for
against defendants or
summary judgment
enter a default
summarily deny
for failing
to confer
their motion
with plaintiff
-3-
See L.R.,
___
D.Mass. 7.1(A)(2).
began
the
summary
action.
judgment
conference.
The
just
the abortive
abuse its
filing
651
weeks
(D. Mass.
filed the
after
was not
conference, the
motion
the
change a
six-week period
district court
for
settlement
likely to
discretion in
against defendants.
646,
six
Because plaintiff
after
defendants
did not
severe sanctions
1996)
(neglecting to
confer
prior to
Affirmed.
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-4-