Lull v. County of Sacramento et al

Filing 78

ORDER signed by Magistrate Judge Jeremy D. Peterson on 1/27/2021 ORDERING Defendant Cory Stewart may submit supplemental briefing within 7 days of the issuance of this order and Plaintiff Christopher Lull may submit supplemental briefing within 14 days of the issuance of this order. (Tupolo, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LULL,

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Plaintiff,

Case No. 2:17-cv-01211-TLN-JDP
ORDER PERMITTING ADDITIONAL
BRIEFING

v.
ECF Nos. 65, 68
COUNTY OF SACRAMENTO, CORY
STEWART, MICHAEL DOANE, AND
DOES 1 TO 100,

DEFENDANT’S BRIEF DUE IN 7 DAYS
PLAINTIFF’S BRIEF DUE IN 14 DAYS

Defendant.

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Both plaintiff and defendant moved for summary judgment. ECF Nos. 65, 68. A hearing

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on these motions was held on January 21, 2021, in which plaintiff proceeded without counsel.

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During that hearing, I inquired into two laws that may have provided authority to detain plaintiff

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and demand his identification: California Vehicle Code § 2113 and Sacramento County Code

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Ordinance 9.36.065(A). While defendant has already briefed the court regarding California

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Vehicle Code § 2113 and has provided oral arguments regarding Sacramento County Code

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Ordinance 9.36.065(A), plaintiff has not briefed the court on these matters. Therefore, I will

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permit both parties additional time to submit supplemental briefs. While neither party is required

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to submit supplemental briefs, any briefs that are submitted should be limited to discussions of

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these two laws, as well as the scope of authority that these laws may have provided to defendant.

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This court will permit defendant seven days to submit supplemental briefing. Plaintiff
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will then have an additional seven days (fourteen days from the date of this order) to respond.

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Accordingly,

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1. defendant Cory Stewart may submit supplemental briefing within seven days of the

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issuance of this order, and

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2. plaintiff Christopher Lull may submit supplemental briefing within fourteen days of

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the issuance of this order.

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IT IS SO ORDERED.

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Dated:
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January 27, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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