Shibo Hayashi v. Red Wing Peat Corp., 396 F.2d 13 (9th Cir. 1968). · Go Syfert
Shibo Hayashi v. Red Wing Peat Corp., 396 F.2d 13 (9th Cir. 1968). Cases Citing This Book View Copy Cite
28 citation events (3 in the last 25 years) across 15 distinct courts.
Strongest positive: Kageta Tech LLC v. Ford Motor Co. (caed, 2024-01-19)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Kageta Tech LLC v. Ford Motor Co.
E.D. Cal. · 2024 · confidence medium
Cal. 2014), or when the court 24 finds it may be useful in resolving issues of fact presented by the motion, Hayashi v. Red Wing 25 Peat Corp., 396 F.2d 13, 14 (9th Cir. 1968) (granting venue discovery to oppose a motion to 26 dismiss for improper venue); see also Genentech, Inc. v. Eli Lilly & Co., No. 18-CV-01518-JLS- 27 1 References to page numbers in the parties’ briefing refer to the page numbers assigned by 28 CM/ECF. 1 JLB, 2019 WL 1923087 , at *2 (S.D.
discussed Cited as authority (rule) United Specialty Insurance Company v. Clarendon National Insurance Company
E.D. Cal. · 2020 · confidence medium
Plaintiffs cited to Hayashi v. Red 13 Wing Peat Corp., 396 F.2d 13, 14 (9th Cir. 1968), which Plaintiffs say stands for the proposition 14 that “limited discovery of factual matters may be allowed if it can help resolve issues of fact 15 presented on a motion to dismiss on jurisdictional grounds.” Doc.
cited Cited as authority (rule) Chipanno v. Champion International Corp.
9th Cir. · 1983 · confidence medium
Hayashi v. Red Wing Peat Corp., 396 F.2d 13, 14-15 (9th Cir.1968); 8 C.
cited Cited as authority (rule) Joseph E. Chipanno v. Champion International Corporation
9th Cir. · 1983 · confidence medium
Hayashi v. Red Wing Peat Corp., 396 F.2d 13, 14-15 (9th Cir.1968); 8 C.
discussed Cited as authority (rule) Occidental Petroleum Corp. v. Buttes Gas & Oil Co.
C.D. Cal. · 1971 · confidence medium
The court of appeals stated in Hayashi v. Red Wing Peat Corp., 396 F.2d 13, 15 (9th Cir. 1968): Since appellants disavowed reliance upon acts of alleged co-conspirators within the district as affording a basis for venue, we need not consider whether Giusti v. Pyrotechnic Productions [sic], Inc., 156 F.2d 351, 354 (9th Cir. 1946) holds that venue may be established on this basis, and, if it does, whether, as appellee argues, such a holding is inconsistent with Bankers Life & Casualty Co. v. Holland, 346 U.S. 379, 383 , 74 S.Ct. 145 , 98 L.Ed. 106 (1953).
discussed Cited as authority (rule) California Clippers, Inc. v. United States Soccer Football Ass'n
N.D. Cal. · 1970 · confidence medium
In regard to the question of venue, it is clear from the discussion above that the court in Giusti did not discuss the matter, and the Ninth Circuit has yet to rule authoritatively on the applicability of Giusti to the determination of venue, expressly reserving such resolution when faced with the question in Hayashi v. Red Wing Peat Corporation, 396 F.2d 13, 15 (9th Cir. 1966) and in American Concrete Agr.
discussed Cited "see, e.g." HDT Bio Corp v. Emcure Pharmaceuticals Ltd
W.D. Wash. · 2022 · signal: see also · confidence medium
See also Hayashi v. Red Wing Peat Corp., 396 F.2d 13, 14 (9th 14 Cir. 1968) (noting that, in the similar context of a Rule 12(b)(3) motion to dismiss for 15 improper venue, “the trial court may permit discovery on such a motion, and indeed 16 should do so where discovery may be useful in resolving issues of fact presented by the 17 motion, particularly since the necessity of resolving such issues is created by the movant 18 himself and the relevant evidence is peculiarly within the movant’s possession”). 19 Jurisdictional discovery need not be allowed, however, if it would amount merely …
Retrieving the full opinion text from the archive…
Shibo HAYASHI Et Al., Appellant,
v.
RED WING PEAT CORPORATION, Appellee
21749_1.
Court of Appeals for the Ninth Circuit.
May 10, 1968.
396 F.2d 13
Thomas J. Greenan (argued), Charles S. Burdell, of Ferguson & Burdell, Seattle, Wash., for appellant., Robert W. Graham (argued), Ronald T. Schaps, Peter D. Byrnes, of Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., for appellee.
Hamlin, Koelsch, Browning.
Cited by 22 opinions  |  Published
PER CURIAM:

Appellee moved to dismiss an antitrust action, as to appellee, for improper venue. The motion was granted. We affirm on the ground stated in the district court’s opinion, Hayashi v. Sunshine Garden Products, Inc., 285 F.Supp. 632 (W. D.Wash.1967).

Appellants contend that the district court erroneously believed that it was required to pass upon the motion without allowing discovery.

Of course the trial court may permit discovery on such a motion, and indeed should do so where discovery may be useful in resolving issues of fact presented by the motion, particularly since the necessity of resolving such issues is created by the movant himself and the relevant evidence is peculiarly within the movant’s possession. H. L. Moore Drug Exchange, Inc. v. Smith, Kline & French Lab., 384 F.2d 97 (2d Cir. 1967); Surpitski v. Hughes-Keenan Corporation, 362 F.2d 254, 255 (1st Cir. 1966); Collins v. New York Central System, 117 U.S.App. D.C. 182, 327 F.2d 880, 883 (1963) ; Monteiro v. Sociedad Mar San Nicolas, S.A., 254 F.2d 514, 517 (2d Cir. 1958); Urquhart v. American-La France Foamite Corporation, 79 U.S.App.D.C. 219, 144 F. 2d 542, 544 (1944); 4 Moore, Federal Practice fí 26.09 [.2-3] at 1104-05 (1967).

But it is clear that the district court was well aware of its power. In disposing of similar motions on behalf of other defendants, the district court indicated its willingness to consider entering an order permitting discovery limited to factual issues relating to venue, but appelants rejected the offer.

Appellants have not shown that the district court abused its discretion with respect to discovery in this case. The facts relied upon by the appellants in their written and oral presentations to the district court are reflected in the court’s opinion and were not in dispute. Compare H. L. Moore Drug Exchange, Inc., supra.

Moreover, appellants did not request an opportunity to conduct discovery on factual issues relating to the motion before the motion was determined. Rather, appellants’ position was that the motion should be denied on the record as it stood, subject to later renewal, and that appellants should be permitted to proceed with unlimited discovery on the merits. This was consistent with appellants’ position on the earlier motions that discovery limited to facts relating to venue, followed by discovery on the merits if the motion were denied, would be duplicative and wasteful, and therefore appellants did not care to conduct discovery limited to venue. Despite the inadequacy of appellants’ showing in opposition to the motion, discovery limited to facts relevant to[*15] the motion might well have been justified, but appellants could not insist upon unlimited discovery. Compare Associated Metals & Minerals Corp. v. S. S. Geert Howaldt, 348 F.2d 457, 459 (5th Cir. 1965). The court was not compelled to subject appellee to the burden of discovery relating to issues on the merits when the possibility that appellants would eventually prevail on the issue of venue was wholly speculative and apparently slim.

Since appellants disavowed reliance upon acts of alleged coconspirators within the district as affording a basis for venue, we need not consider whether Giusti v. Pyrotechnic Productions, Inc., 156 F.2d 351, 354 (9th Cir. 1946) holds that venue may be established on this basis, and, if it does, whether, as appellee argues, such a holding is inconsistent with Banker’s Life & Casualty Co. v. Holland, 346 U.S. 379, 383, 74 S.Ct. 145, 98 L.Ed. 106 (1953). See Bertha Bldg. Corp. v. National Theatres Corp., 248 F.2d 833 (2d Cir. 1957); H. L. Moore Drug Exchange, Inc., supra.

Affirmed.