What is the test for abuse of discretion when a motion is denied further discovery?
MultiRegion, United States of America
The following excerpt is from Rieck v. Borg, 145 F.3d 1340 (9th Cir. 1998):
We review for abuse of discretion the district court's decision not to permit further discovery. See Nidds v. Schindler Elevator Corp., 113 F.3d 912, 920-21 (9th Cir.), cert. denied, --- U.S. ----, 118 S.Ct. 369, 139 L.Ed.2d 287 (1997). We will not find an abuse of discretion if the movant failed to diligently pursue discovery in the past. See id. at 921.
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