(PC) Davis v. Phui et al

Filing 95

ORDER Directing Plaintiff to Comply with Local Rule 260(b) signed by Magistrate Judge Helena M. Barch-Kuchta on 08/30/2024. Ten-Day Deadline. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KELLY B. DAVIS,

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Plaintiff,

Case No. 1:20-cv-00276-KES-HBK (PC)
ORDER DIRECTING PLAINTIFF TO
COMPLY WITH LOCAL RULE 260(b)

v.
(Doc. No. 92)
L. CHANZA, C. CRYER, JR, KHUONG
PHUI, STUART SHERMAN, and
YAGUEZI,
Defendants.

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This is counseled prisoner civil rights case. On August 16, 2024, the Court directed

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Defendant to file a statement of undisputed facts, as required by Local Rule 260, and directed

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Plaintiff to comply with Rule 260(b) and “reproduce the itemized facts in the Statement of

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Undisputed Facts” and admit or deny each statement, as appropriate. (See Doc. No. 92). On

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August 19, 2024, Defendants filed the required Statement of Undisputed Facts. (Doc. No. 93).

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On August 29, 2024, Plaintiff filed his own Statement of Undisputed Facts, as permitted by Rule

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260(b), but failed to comply with Rule 260 and the Court’s Order which required him to

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“reproduce the itemized facts in [Defendants’] Statement of Undisputed Facts and admit those

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facts that are undisputed and deny those that are disputed, including with each denial a citation to

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the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or

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other document relied upon in support of that denial.” L.R. 260(b) (E.D. Cal. 2023).

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Accordingly, it is ORDERED:

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1. Within ten (10) days of this Order, Plaintiff shall file an Opposition to Defendants’

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Statement of Undisputed Facts, in compliance with Local Rule 260(b).

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2. If Plaintiff fails to timely comply with this Court Order, the Court may impose

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sanctions as appropriate.

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Dated:

August 30, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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