Hudspeth v. Spectra Communications Group, LLC , 83 F. App'x 145 ( 2003 )


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  •                    United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-1610
    ___________
    Phoebe M. Hudspeth,                 *
    *
    Appellant,               * Appeal from the United States
    * District Court for the
    v.                            * Western District of Missouri.
    *
    Spectra Communications Group, LLC, *       [UNPUBLISHED]
    *
    Appellee.                *
    ___________
    Submitted: December 3, 2003
    Filed: December 12, 2003
    ___________
    Before BYE, BOWMAN, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Phoebe M. Hudspeth appeals the District Court’s1 adverse grant of summary
    judgment in her employment-discrimination action against Spectra Communications
    Group, LLC (SCG). Having carefully reviewed the record, see Jacob-Mua v.
    Veneman, 
    289 F.3d 517
    , 520 (8th Cir. 2002) (standard of review), we affirm.
    1
    The Honorable Gary A. Fenner, United States District Judge for the Western
    District of Missouri.
    To the extent Hudspeth is arguing that summary judgment was prematurely
    granted, she neither moved to compel the production of documents, nor requested a
    continuance under Federal Rule of Civil Procedure 56(f). See Dulany v. Carnahan,
    
    132 F.3d 1234
    , 1238 (8th Cir. 1997) (where shelter is not sought under Rule 56(f),
    court generally does not abuse its discretion in granting summary judgment on record
    before it). We agree with the District Court’s decision to consider all of SCG’s
    supporting documents, see Wolff v. Brown, 
    128 F.3d 682
    , 685 (8th Cir. 1997) (in
    employment-discrimination cases, internal documents relied on by employer in
    making decision are not offered for truth of matter asserted, but instead to explain
    employer’s conduct), and with the Court’s well-reasoned conclusion that Hudspeth
    failed to create trial-worthy issues on the merits of her claims against SCG.
    Accordingly, we affirm. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 03-1610

Citation Numbers: 83 F. App'x 145

Judges: Bye, Bowman, Melloy

Filed Date: 12/12/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024