Owens v. Defazio et al

Filing 198

ORDER signed by Magistrate Judge Kendall J. Newman on 9/21/2020 ORDERING defendants may file one opposition addressing all of plaintiff's motions for partial summary judgment; defendants may calculate the deadline for their opposition to plaintiff's motions for partial summary judgment from the date of service of the final partial summary judgment motion. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THEON OWENS,

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No. 2: 16-cv-2750 JAM KJN P
Plaintiff,

v.

ORDER

JOSEPH DEGAZIO, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On August 3, 2020, the undersigned granted the parties sixty days to file

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dispositive motions. (ECF No. 175.)

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On August 27, 2020, September 2, 2020 and September 16, 2020, plaintiff filed motions

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for partial summary judgment. (ECF Nos. 181, 182, 193.) Plaintiff’s motion for partial summary

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judgment filed August 27, 2020 addresses his claims against defendants Schultz and Eldridge.

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Plaintiff’s motion for partial summary judgment filed September 2, 2020, addresses his claims

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against defendant Mercado. Plaintiff’s motion for partial summary judgment filed September 16,

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2020, addresses his claims against defendants Martincek and Okoroike.

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The piecemeal filing of motions for partial summary judgment is usually not permitted.

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For this reason, defendants are not required to file separate oppositions to each of plaintiff’s

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motions for partial summary judgment. Instead, defendants may file one opposition addressing
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all of plaintiff’s motions for partial summary judgment. Defendants may calculate the deadline

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for their opposition to plaintiff’s motions for partial summary judgment from the date of service

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of the final partial summary judgment motion.

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Accordingly, IT IS HEREBY ORDERED that defendants may file one opposition

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addressing all of plaintiff’s motions for partial summary judgment; defendants may calculate the

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deadline for their opposition to plaintiff’s motions for partial summary judgment from the date of

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service of the final partial summary judgment motion.

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Dated: September 21, 2020

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Owen2750.ord(2)
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