Benyamini v. Hommer et al

Filing 86

ORDER signed by Magistrate Judge Allison Claire on 05/07/15 granting 84 Motion to strike and the clerk of the court is directed to strike plaintiff's misfiled opposition to the motion for summary judgment 81 , 82 , 83 from the record. The opposition at 85 shall remain on the record. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:11-cv-2317 TLN AC P

Plaintiff,

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v.

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HAMMER, et al.,

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ORDER

Defendants.

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The court has before it defendants’ motion to strike plaintiff’s opposition to the motion for

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summary judgment filed at ECF Nos. 81-83. ECF No. 84. Although briefing on the motion to

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strike is not complete, the court finds that further briefing is not necessary to a fair adjudication of

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the motion.
Defendants argue that plaintiff’s opposition at ECF Nos. 81-83 should be stricken because

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it appears he has misfiled it in this case.1 ECF No. 84 at 3. Upon reviewing the documents, the

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court has verified that their contents are not related to the claims in this case and appear to be

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intended for another of plaintiff’s pending cases, Benyamini v. Blackburn, 2:13-cv-0205 MCE

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AC P. The court will therefore strike the opposition at ECF Nos. 81-83 from the record.

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Plaintiff’s opposition at ECF No. 85 appears to be correctly filed in this case.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to strike (ECF No. 84) is granted and the Clerk of the Court is

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directed to strike plaintiff’s misfiled opposition to the motion for summary judgment (ECF Nos.

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81, 82, and 83) from the record. The opposition at ECF No. 85 shall remain on the record.

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2. If plaintiff seeks to have the stricken documents filed in another case, he must re-file

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them with the proper case number identified in the caption.

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DATED: May 7, 2015

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