Schwartz v. Lassen County et al

Filing 140

ORDER for supplemental responses to be filed not later than 5:00 p.m. on August 20, 2013. Signed by Chief Judge Morrison C. England, Jr. on 8/20/2013. (Deutsch, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NANCY SCHWARTZ,

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No. 2:10-cv-03048-MCE-CMK

Plaintiff,
v.

ORDER

LASSEN COUNTY, et al.,
Defendants.

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In Plaintiff’s supplemental brief, submitted in response to the Court’s Minute Order

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(ECF No. 137), Plaintiff cites to Reyes ex rel. Reyes v. City of Fresno, 2013 WL 2147023

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(E.D. Cal. 2013). In Reyes, the court found a First Amendment familial deprivation claim

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duplicative of a Fourteenth Amendment familial deprivation claim. Plaintiff states that

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“Plaintiff does not argue with this legal analysis. Heretofore, the claims were pled

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together, but this analysis seems to indicate that they are duplicative.”

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The parties are ordered to submit a supplemental response clarifying for the

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Court: 1) whether the First and Fourteenth Amendment claims are duplicative, and 2)

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whether the parties stipulate to the dismissal of the First Amendment claim on that

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ground. The parties shall not provide any additional legal authority or make any legal

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arguments. Rather, the parties shall clearly and concisely, in one paragraph or less,

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answer the two questions stated above.
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The parties’ responses shall be submitted to the Court by 5:00 on August 20,
2013.
IT IS SO ORDERED.
Dated: August 20, 2013

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