Cathey v. City of Vallejo, et al.

Filing 100

ORDER signed by Magistrate Judge Allison Claire on 6/2/16 ORDERING that no later than 6/15/16, at 3:30 p.m., plaintiff shall file an amended Opposition to defendants' Motion for Summary Judgment, and the amended Opposition shall comply with al l the Local Rules, including Local Rule 260; Defendants shall file their Reply, if any, no later than 6/20/16, at 3:30 p.m; the hearing on the cross-motions for summary judgment, currently scheduled for 6/8/16, is CONTINUED to 6/22/16. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN CATHEY,

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No. 2:14-cv-01749 JAM AC (PS)

Plaintiff,
v.

ORDER

CITY OF VALLEJO, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was

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referred to the undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(21). The parties filed cross-

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motions for summary judgment. See ECF No. 90 (defendants), 91 (plaintiff).

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Plaintiff’s Opposition to defendant’s summary judgment motion does not comply with

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this court’s Local Rules, which require that each disputed fact be accompanied by “a citation to

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the particular portions of any pleading, affidavit, deposition, interrogatory answer, admission, or other

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document relied upon in support of that denial.” Local Rule 260(b); see ECF No. 95 (plaintiff’s

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Opposition). Plaintiff has indicated that he disputes certain facts in defendants’ statement of

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undisputed facts, but he has not identified any “pleading, affidavit, deposition, interrogatory answer,

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admission, or other document” in support of his assertion that the fact is disputed. To successfully

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oppose summary judgment, a plaintiff must identify evidence that demonstrates there is a factual

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dispute that can only be resolved by a jury.

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Plaintiff is cautioned that even though he is proceeding without counsel, he is obligated to

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comply with the Local Rules of this court. Plaintiff will be given another opportunity to comply with

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the rules.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than June 15, 2016, at 3:30 p.m., plaintiff shall file an amended Opposition to

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defendants’ Motion for Summary Judgment, and the amended Opposition shall comply with all the

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Local Rules, including Local Rule 260;

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2. Defendants shall file their Reply, if any, no later than June 20, 2016, at 3:30 p.m.

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3. The hearing on the cross-motions for summary judgment, currently scheduled for June 8,

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2016, is CONTINUED to June 22, 2016.

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DATED: June 2, 2016

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