Clarke v. Upton, et al

Filing 162

ORDER Striking Plaintiff's 161 Request for Judicial Notice, signed by District Judge Anthony W. Ishii on 12/14/12. (Verduzco, M)

1

IN THE UNITED STATES DISTRICT COURT FOR THE

2

EASTERN DISTRICT OF CALIFORNIA

3
4
5
6
7
8
9

)
)
Plaintiff,
)
v.
)
)
SANDRA UPTON, AMPARO
)
WILLIAMS; DEPARTMENT OF
)
SOCIAL SERVICES; and COUNTY OF )
MADERA
)
)
Defendants.
)
____________________________________
STANLEY BRADFORD CLARKE,

1:07-CV-0888 AWI-SMS
ORDER STRIKING
PLAINTIFF’S REQUEST FOR
JUDICIAL NOTICE

10
11
Plaintiff Stanley Bradford Clarke (“Plaintiff”) filed the instant civil rights action against
12
Defendants County of Madera (the “County”), County of Madera Department of Social Services
13
(“DSS”), Sandra Upton (“Upton”), and Amparo Williams (“Williams”) (collectively,
14
“Defendants”). On September 26, 2012, the court granted Defendants’ motion for summary
15
judgment and entered judgment for Defendants. See Court’s Docket, Doc. Nos. 152, 153.
16
Plaintiff has moved for relief from judgment and reconsideration of the court’s prior order,
17
pursuant to Federal Rules of Civil Procedure 59(e) and 60(b). Id. Doc. Nos. 154, 156.
18
Defendants have filed an opposition. Id. Doc. No. 159. Plaintiff’s reply was due on December
19
10, 2012. See Local Rule 230(d). Plaintiff did not timely file a reply. The court took the matter
20
under submission on December 11, 2012. See Court’s Docket, Doc. No. 160. On December 14,
21
2012, Plaintiff filed a Request for Judicial Notice. Because this document is in the nature of a
22
reply and was not filed by the deadline set by the Local Rules, the court will not consider the
23
document.
24
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Request for Judicial Notice,
25
filed on December 14, 2012, is STRICKEN as untimely.
26
27
28

IT IS SO ORDERED.
Dated:
0m8i78

December 14, 2012
UNITED STATES DISTRICT JUDGE