Taylor et al v. County of Calaveras, et al

Filing 110

ORDER GRANTING Plaintiff's Ex Parte Application for Order Permitting Supplemental Briefing in Support of Plaintiff's Motion for Partial Summary Judgment signed by Magistrate Judge Barbara A. McAuliffe on 9/25/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SCOTT TAYLOR, et al.,

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ORDER GRANTING PLAINTIFFS’ EX
PARTE APPLICATION FOR ORDER
PERMITTING SUPPLEMENTAL BRIEFING
IN SUPPORT OF PLAINTIFFS’ MOTION
FOR PARTIAL SUMMARY JUDGMENT

Plaintiffs,

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Case No. 1:18-cv-00760-BAM

v.
COUNTY OF CALAVERAS, et al.,
Defendants.

(Doc. No. 109)

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Currently before the Court is Plaintiffs’ ex parte application for an order permitting

14 supplemental briefing in support of Plaintiffs’ motion for partial summary judgment. (Doc. No.
15 109.) By the request, Plaintiffs Michael Scott Taylor and Lori Melville ask the Court to permit
16 their submission of additional argument on the issues raised in Plaintiffs’ Motion for Partial
17 Summary Judgment in order to complete Plaintiffs’ legal and factual presentation and to assist
18 the Court’s decision. (Id. at 2.) Plaintiffs assert that the submission will consist of a letter
19 brief, not to exceed five pages, supplementing counsel’s closing remarks and arguments from
20 the hearing held on September 18, 2020. (Id.) Plaintiffs report that defense counsel is neutral
21 regarding the instant request. (Id.)
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To date, the parties have submitted extensive briefing in this action, including Plaintiffs’

23 expanded points and authorities in support of their motion for partial summary judgment,
24 Defendants’ opposition to that motion, Defendants’ separate motion for summary judgment,
25 and hundreds of pages exhibits. The Court has spent a vast amount of time reading the parties’
26 submissions and believes it understands the parties’ positions. Nonetheless, in the interest of
27 justice and to ensure a complete record, Plaintiffs’ ex parte application to file supplemental
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1 briefing is HEREBY GRANTED. No later than October 2, 2020, Plaintiffs may file a
2 supplemental brief, in pleading format and not to exceed five (5) pages, in support of their
3 motion for partial summary judgment. No later than October 16, 2020, Defendants may file a
4 response, also in pleading format and not to exceed (5) pages, in opposition to Plaintiffs’
5 supplemental brief.
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IT IS SO ORDERED.

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Dated:

/s/ Barbara

September 25, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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