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 2004-09

Reuther v. Smith ( 2004 )


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  •                                                        United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT               September 10, 2004
Charles R. Fulbruge III
Clerk
No. 03-30747
Summary Calendar
WARREN L. REUTHER, JR., on his own behalf and on behalf of all
other shareholders of Airport Holdings, Inc., Airport
Shuttle, Inc., Airport Shuttle Colorado, Inc., Chicory
Building, Inc., Delta Transit, Inc., Destination Management,
Inc., Hospitality Enterprises, Inc., Lodging, Inc., New
Orleans International Cruise Ship Terminal, Inc., New
Orleans Paddlewheels, Inc., New Orleans Tours, Inc., On the
Town, Inc., RSC Management, Inc., and Visitor Marketing,
Inc.,
Plaintiff-Appellant,
versus
JAMES E. SMITH, JR.; SMITH MARTIN APLC; SMITH ROSENBERG LLC,
formerly known as Smith Martin APLC; AIRPORT HOLDINGS, INC.;
AIRPORT SHUTTLE, INC.; AIRPORT SHUTTLE COLORADO, INC.; CHICORY
BUILDING, INC.; DELTA TRANSIT, INC.; DESTINATION MANAGEMENT,
INC.; HOSPITALITY ENTERPRISES, INC.; LODGING, INC.; NEW ORLEANS
INTERNATIONAL CRUISE SHIP TERMINAL, INC.; NEW ORLEANS
PADDLEWHEELS, INC.; NEW ORLEANS TOURS, INC.; ON THE TOWN, INC.;
RSC MANAGEMENT, INC.; VISITOR MARKETING, INC.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 01-CV-3625-R
USDC No. 02-CV-282
--------------------
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
*
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this opinion should not be published and is not precedent except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.
No. 03-30747
-2-
Warren L. Reuther, individually and on behalf the shareholders
of the above-referenced corporations (the Corporations), appeals
from the district court’s grant of the appellees’ motions for
summary   judgment   in    this    suit    alleging,   among    other   claims,
violations under the Racketeer Influenced and Corrupt Organizations
Act (RICO).      Because     Reuther       declines    to    renew his federal
securities law claim, that issue is deemed abandoned. See Yohey v.
Collins,
    985 F.2d 222
    , 224-25 (5th Cir. 1993).
Reuther contends that the district court abused its discretion
in denying his FED. R. CIV. P. 56(f) request for a continuance to
permit further discovery.         He also asserts that the district court
erred in granting summary judgment on his RICO claim. For purposes
of the latter argument, Reuther contends that the district court
improperly weighed evidence and decided genuine issues of material
fact when rejecting certain alleged RICO predicate acts of mail
fraud.
We have reviewed the record and briefs submitted by the
parties and hold that the district court’s denial of Reuther’s FED.
R. CIV. P. 56(f) request did not constitute an abuse of discretion
since Reuther failed to show how the additional requested discovery
would create a genuine issue of material fact.               See Richardson v.
Henry,
    902 F.2d 414
    , 417 (5th Cir. 1990); International Shortstop,
Inc. v. Rally’s, Inc.,
    939 F.2d 1257
    , 1266 (5th Cir. 1991).
Similarly,    because     Reuther’s       RICO   predicate    acts/mail   fraud
arguments fail to identify the existence of a material fact issue
No. 03-30747
-3-
for trial, the district court’s grant of summary judgment is
AFFIRMED.   See Celotex Corp. v. Catrett,
    477 U.S. 317
    , 322-23
(1986); Anderson v. Liberty Lobby,
    477 U.S. 242
    , 250 (1986).
Because the district court’s summary judgment ruling was not error,
we reject Reuther’s request seeking reinstatement of his state-law
claims.
AFFIRMED.