Bothke v. Commissioner

How later courts describe this case

• prohibiting a plaintiff from amending the complaint after discovery was concluded and a summary judgment motion had been prepared
• disregarding factual assertions, made after motion for summary judgment, which contradicted earlier statements
• disregarding factual claims made by the plaintiff after the defendant moved for summary judgment “where those claims contradict statements made previously by [the plaintiff] at his deposition ...”
• finding it proper to "disregard those factual claims made by [the plaintiff] after [the defendant] moved for summary judgment, where those claims contradict statements made previously by [the plaintiff] at his deposition, in his affidavits, and in response to defendants' interrogatories”
• disregarding affidavit that conflicted with earlier testimony