Clifford et al v. Placer County et al

Filing 51

ORDER signed by Judge Lawrence K. Karlton on 5/23/2014 DENYING 49 Defendants' Request to Strike the two declaration filed by plaintiffs on 5/22/2014 and the briefing thereon. Defendants are GRANTED 15 days from the date of this order in which to respond to plaintiffs' evidence and argument thereon. Thereafter, defendants' motion for summary judgment will stand submitted and not further briefing shall be filed. (Donati, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF ROBERT CLIFFORD, et
al.,
Plaintiffs,

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No. CIV. S-11-2591 LKK/CKD

ORDER

v.
PLACER COUNTY, et al.,
Defendants.

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On May 5, 2014, this matter came on for oral argument on

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defendants’ motion for summary judgment (ECF No. 21).

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argument, the decision of the United States Supreme Court in

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Tolan v. Cotton,

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came to the court’s attention.

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an

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supplemental briefs addressing the application, if any, of the

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decision in Tolan to the motion at bar.

order

granting

S.Ct.
the

After oral

, 2014 WL 1757856 (May 5, 2014),
On May 7, 2014, the court issued

parties

ten

days

in

which

to

file

Defendants filed their supplemental brief on May 13, 2014.

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On

May

22,

2014,

plaintiffs

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accompanied by two declarations.

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filed a response to plaintiffs’ supplemental brief, and on May
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filed

a

supplemental

brief

On the same day, defendants

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22, 2014, plaintiffs filed a response to defendants’ response.

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Defendants object to the inclusion of the declarations and the

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briefing thereon, contending it exceeds the scope of the court’s

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May 7, 2014 order and that said evidence could and therefore

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should have been filed with plaintiffs’ opposition to the motion.

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Defendants

request

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stricken.

In the alternative, they seek an additional period in

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which to respond to plaintiffs’ additional argument and evidence

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and to raise specific evidentiary objections thereto.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1.

that

the

evidence

and

briefing

thereon

be

Defendants’ request to strike the two declarations filed

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by plaintiffs on May 22, 2014 and the briefing thereon is denied;

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and

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2.

Defendants are granted fifteen days from the date of

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this

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argument thereon.

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judgment will stand submitted and no further briefing shall be

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filed.

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order

DATED:

in

which

to

respond

plaintiffs’

evidence

and

Thereafter, defendants’ motion for summary

May 23, 2014.

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to

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