John v. Clear Lake Regn Med

* 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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 13, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-40508
Summary Calendar
LINDA F. JOHN,
Plaintiff-Appellant,
versus
CLEAR LAKE REGIONAL MEDICAL
CENTER, INC.,
Defendant-Appellee.
Appeal from the United States District Court for
the Southern District of Texas, Galveston
(USDC No. 05-40508)
_________________________________________________________
Before REAVLEY, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for these reasons:
1. The court did not abuse its discretion by denying a continuance for
discovery. The failure of counsel to take the deposition earlier or respond
to notices of the pending motion for summary judgment do not excuse the

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delay. And no particular reason was given to explain the need for the late
deposition.
2. The deposition was not filed within the discovery period. Plaintiff did not
suggest to the district court or this court any material evidence obtained by
the Walker deposition.
AFFIRMED.

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