Burns v. Barreto et al

Filing 57

ORDER signed by Magistrate Judge Kendall J. Newman on 4/13/12 ORDERING that Pltf's 50 Ex Parte request is WITHDRAWN; Motion Hearing set for 5/31/2012 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman as to 47 Motion for Summary Judgment. Pltf shall file a written opposition or statement of non-opposition on or before 5/3/12; dfts may file a reply on or before 5/10/12. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY L. BURNS,

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Plaintiff,

No. 2:10-cv-01563 MCE KJN PS

v.
OFCR KEVIN BARRETO;
OFCR MARK SIMONSON OF
THE BENICIA POLICE DEPT,

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Defendants.

ORDER
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Defendants’ motion for summary judgment was previously set for a hearing to

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take place on March 15, 2012. (Minute Order, Feb. 10, 2012, Dkt. No. 48.)1 Plaintiff timely

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sought an extension of time or continuance of the hearing date and briefing schedule pursuant to

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Federal Rule of Civil Procedure 56(d), so that he could obtain and review documents he claimed

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he needed to oppose defendants’ motion for summary judgment. Despite deficiencies in

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plaintiff’s initial request, the court granted plaintiff two additional opportunities to make a

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sufficient showing under Rule 56(d). (Order, Feb. 29, 2012, Dkt. No. 52; Order, Apr. 3, 2012,

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Dkt. No. 55.) On February 23, 2012, plaintiff filed an ex parte request (Dkt. No. 50) seeking an

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This case proceeds before the undersigned pursuant to Eastern District of California Local
Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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extension of time in which to oppose defendants’ motion for summary judgment. However, on

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April 11, 2012, plaintiff withdrew his ex parte request (Dkt. No. 56).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s ex parte request made pursuant to Federal Rule of Civil

Procedure 56(d) (Dkt. No. 50) is withdrawn.
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A hearing on defendants’ motion for summary judgment shall take place

on Thursday, May 31, 2012, at 10:00 a.m., in Courtroom 25.
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Plaintiff shall file a written opposition or statement of non-opposition on

or before May 3, 2012. Plaintiff is cautioned that his opposition must conform with Federal

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Rule of Civil Procedure 56 and the court’s Local Rules, including Local Rule 260, which

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contains specific provisions governing motions for summary judgment and oppositions thereto.

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4.

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IT IS SO ORDERED.

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Defendants may file a reply brief on or before May 10, 2012.

DATED: April 13, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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