Francis v. Wynn Las Vegas, LLC, 262 P.3d 705

Francis signed casino markers totaling $2.8 million; Wynn applied $800,000 to the markers, leaving a $2 million balance.
Civil suit for contract, conversion, unjust enrichment, and good-faith/fair-dealing breach; Francis asserted multiple defenses and counterclaims.
Discovery closed April 6, 2009; Francis produced essentially no evidence; Wynn moved for summary judgment with supporting affidavits.
Criminal charges for theft and passing a check with intent to defraud were pending against Francis during the civil deposition.
Francis invoked the Fifth Amendment during deposition, answering nearly all questions with silent refusals; discovery was not reopened.
District court denied withdrawal of privilege, denied NRCP 56(f) continuance, and granted Wynn summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court abused discretion by refusing to allow withdrawal of the Fifth Amendment invocation.	Francis contends the court penalized him for invoking the privilege and failed to accommodate it.	Wynn argues no abuse; Francis sought improper last-minute withdrawal that would prejudice Wynn.	No abuse; court properly balanced interests and denied withdrawal.
Whether the district court abused discretion by denying reopening of discovery.	Francis sought to extend discovery to cure Fifth Amendment issues and counter Wynn's evidence.	Wynn contends Francis delayed and failed to pursue discovery diligently, causing prejudice.	No abuse; denial aligned with prejudice to Wynn and lack of diligent discovery.
Whether the NRCP 56(f) continuance was properly denied.	Francis needed time to obtain evidence to oppose summary judgment.	Francis failed to show how further discovery would create a genuine issue of material fact and did not pursue it diligently.	No abuse; continuance properly denied due to lack of diligence and speculative benefit.
Whether summary judgment was properly granted to Wynn.	Francis asserts there are genuine issues about the amount owed and possible discounts/mitigation.	Wynn provided uncontradicted evidence of $2 million debt and Francis offered no admissible rebuttal.	Yes; summary judgment affirmed because no genuine material fact issue was shown.

S.E.C. v. Graystone Nash, Inc., 25 F.3d 187 (3d Cir. 1994) (balance privilege interests with adversary's right to fair treatment)
SoftPoint, Inc., 958 F. Supp. 846 (S.D.N.Y. 1997) (litigant must seek court assistance to accommodate privilege; late withdrawal prejudicial)
Andersen v. Parcels of Land, 903 F.2d 36 (1st Cir. 1990) (civil invocation limited to disclosures that could be used in prosecution; seek accommodation)
5th Ave. 5th Ave., 55 F.3d 78 (2d Cir. 1995) (remedial measures balance interests; sequence depends on case)
Wehling v. CBS, 608 F.2d 1084 (5th Cir. 1979) (allowable remedies to prevent unfairness depend on prejudice)
Zimmerman, 854 F. Supp. 896 (N.D. Ga. 1993) (possible stay when civil and criminal matters overlap)
Doe ex rel. Rudy-Glanzer v. Glanzer, 232 F.3d 1258 (9th Cir. 2000) (civil invocation scope; avoid overbroad assertions)
In re Edmond, 934 F.2d 1304 (4th Cir. 1991) ( Fifth Amendment limits; withdrawal timing considerations)
United States v. 4003-4005 5th Ave., Brooklyn, 55 F.3d 78 (2d Cir. 1995) (test for admitting privilege-related evidence in opposition to summary judgment)
Meyer v. District Court, 95 Nev. 176 (1979) (warning consequences not strictly required in every context)