Before the Court En Banc. Opinion by Justice Douglas.
Appellant Paul Choy sought en banc reconsideration of the Court’s earlier opinion in Choy v. Ameristar Casinos, Inc., 127 Nev. Adv. Op. 78 (Nov. 23, 2011), in which the Court held that Choy had failed to substantially comply with NRCP 56(f)’s requirement that a party opposing a motion for summary judgment and seeking a denial or continuance of the motion in order to conduct further discovery must provide an affidavit giving the reasons why the party cannot present “facts essential to justify the party’s opposition.” In denying the petition for reconsideration, the Court confirmed that parties must substantially comply with NRCP 56(f)’s affidavit requirement and specifically disapproved of the holding in Halimi v. Blacketor, 105 Nev. 105, 106, 770 P.2d 531, 531 (1989) to the extent it is inconsistent with the text of NRCP 56(f) and the Court’s holding in Choy. Petition for Reconsideration denied. (Jessica Woelfel, Associate in the Reno office of McDonald Carano Wilson, LLP.)
