Nelson v. City of Davis et al

Filing 131

ORDER signed by Judge Morrison C. England, Jr., on 8/26/09 ORDERING that an opportunity should be afforded for further dispositive motions. Motions comporting with the Ninth Circuit's requirements must be filed not later than Friday, 10/23/09. The Status Conf set for 8/27/09 is VACATED and pltf's request for telephonic appearance 130 is DENIED as MOOT.(Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Defendants. 21 22 23 24 25 26 27 28 The Court scheduled a Status Conference in this matter on August 27, 2009 and requested that the parties submit statements beforehand concerning the further handling of this matter, given the Ninth Circuit's remand for further proceedings as set forth in its Opinion filed July 7, 2009. 1 ----oo0oo---v. CITY OF DAVIS; JAMES HYDE, individually and in his official capacity as Chief of Police for the CITY OF DAVIS; CALVIN HANDY, SERGEANT MICHAEL MASON, OFFICER JAVIER BARRAGAN, OFFICER BRANDON JONES, OFFICER CALVIN CHANG, OFFICER M. GARCIA, individually and DOES 1-100, inclusive, TIMOTHY C. NELSON, Plaintiff, MEMORANDUM AND ORDER NO. 2:05-cv-1193-MCE-KJM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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Upon review of the parties' statements, the Court believes that an opportunity should be afforded for further dispositive motions, taking specifically into account the limitations imposed by the Ninth Circuit's ruling. Motions comporting with those

requirements must be filed not later than Friday, October 23, 2009. Additional dates will be scheduled as necessary once

further dispositive motions have been adjudicated. Given this Order, the Status Conference set for August 27, 2009 is hereby vacated and Plaintiff's Request for Telephonic Appearance (Docket entry, 130) is denied as moot. IT IS SO ORDERED. Dated: August 26, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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