Barba et al v. City of Shafter et al

Filing 53

ORDER re 52 Stipulation and Request to Allow Defendants Extra Time to Reply, signed by District Judge Anthony W. Ishii on 2/27/2015. (IT IS HEREBY ORDERED that, pursuant to the parties stipulation, Defendants may now file reply papers, as described in the Courts February 26 summary judgment order (Doc. No. 51), no later than April 6, 2015.)(Gaumnitz, R)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

MIKE E. BARBA, BARBRA
BARBA and) TYE BARBA,

10

Plaintiffs,

11
12
13
14

v.

No. No. 1:12-cv-00195-AWI-JLT

ORDER re STIPULATION AND
REQUEST TO ALLOW DEFENDANTS
EXTRA TIME TO FILE REPLY

CITY OF SHAFTER, RANDY
MILLIGAN, JOSHUA
STEPHENS, DOES) 1 through 20,

15
16

Defendants.

17
18
19
20

On February 26, 2015, the Court granted in part and denied in part
Defendants’ motion for summary judgment. Doc. No. 51. As part of that order, the
Court ordered Plaintiff to show cause why summary judgment should not be

21
22

granted on: (1) all claims alleged against Defendant Joshua Stephens; and (2)

23

Plaintiffs’ Fourteenth Amendment claim. See id. The Court set a briefing schedule

24

for Plaintiffs to respond and for Defendants to reply. See id.

25
26
27

On February 27, 2015, the parties filed a stipulation to move Defendants’
reply date, due to trial commitments by defense counsel. The Court will give effect

28

to that stipulation.

1

1
2

However, the Court notes in the stipulation that parties characterize the
Court’s actions as “invit[ing] Plaintiffs to file a supplemental brief on the narrow

3
4

Fourteenth Amendment issue . . . .” Doc. No. 52. This is a mischaracterization.

5

The Court did not “invite” Plaintiff to file a supplemental brief on one issue. The

6

Court has ordered Plaintiff to show cause why summary judgment should not be

7
8

granted on two areas: the Fourteenth Amendment claims alleged against Defendant

9

Milligan and Defendant Stephens and all other claims against Stephens. See Doc.

10

No. 51 at pp. 16-17, 19-21. If Plaintiff does not show cause on either or both of
11
12
13
14
15
16

these areas, summary judgment will be granted.
Accordingly, IT IS HEREBY ORDERED that, pursuant to the parties’
stipulation, Defendants may now file reply papers, as described in the Court’s
February 26 summary judgment order (Doc. No. 51), no later than April 6, 2015.

17
18
IT IS SO ORDERED.
19
20

Dated: February 27, 2015
SENIOR DISTRICT JUDGE

21
22
23
24
25
26
27
28
2