Harrell v. Hornbrook Community Services District, et al.

Filing 64

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/9/16 ORDERING that Defendants shall file a response 20 days from the date this Order is filed to the 59 Second Amended Complaint. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER T. HARRELL,

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No. 2:14-cv-01595 KJM GGH PS

Plaintiff,
v.

ORDER

HORNBROOK COMMUNITY
SERVICES DISTRICT, et al.
Defendants.

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On May 31, 2016 plaintiff filed a Second Amended Complaint. The Court, having
reviewed that Complaint makes the following orders:

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1.

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this Order is filed;

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2.

Defendants shall file a response to this pleading twenty (20) days from the date

If defendants elect to respond by way of Answer they need not specifically admit

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or deny the non-jurisdictional allegations in the 164 page Amended Complaint. Rather the
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allegations comprising the factual background and claims will be deemed denied by the Court.
3.

Any answering defendant must, however, specifically set forth applicable

affirmative defenses they rely upon;

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4.

This Order is effective in the event a defendant makes a motion to dismiss, which

is denied, and a later answer is required, i.e., the allegations comprising the factual background
and claims will be deemed denied in this circumstance as well;

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5.

Whether the deemed denied factual allegations address material facts for purposes

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of any summary judgment motion is a matter for later adjudication in the event such a motion is
made. Any contested issues of material fact will, of course, be decided at trial.
IT IS SO ORDERED.

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Dated: June 9, 2016

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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Harr.14-1595.amm

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