Dahlin et al v. Frieborn et al

Filing 180

ORDER signed by Senior Judge Morrison C. England, Jr. on 2/13/2024: The Motions for Summary Judgment, ECF Nos. 173 and 176 , are DENIED without prejudice; Absent leave of the Court, all issues the parties wish to resolve on summary judgment must be raised together in one (1) consolidated motion or cross-motion; The Stipulations for Re-Setting Deadlines, ECF No. 178 and 179 , are DENIED as moot; and a scheduling order will issue forthwith. (Deutsch, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

JAMES DAHLIN and KIMBERLY
DAHLIN,
Plaintiffs,

13

ORDER
v.

14
15
16
17

No. 2:17-cv-02585-MCE-AC

ROSEMARY FRIEBORN, CURT
RANSOM, DEBBIE NELSON, PHILLIP
ISETTA, ANGELA MCCULLOUGH,
TUCKER HUEY, and THOMAS
SHERIFF,
Defendants.

18
19

Presently before the Court are two Motions for Summary Judgment filed by

20
21

Plaintiffs in this action. ECF Nos. 173, 176. Neither Motion for Summary Judgment is

22

accompanied by a Separate Statement of Undisputed Facts. Moreover, these

23

arguments should be brought for the Court’s consideration as one consolidated motion.
The parties have since filed two stipulations to extend the briefing schedule on

24
25

those Motions indefinitely for a variety of reasons, including for the conducting of further

26

discovery. ECF No. 178. The need to resort to this open-ended stipulation supports the

27

conclusion that the substantive motions are not ready to be adjudicated.

28

///
1

1

Accordingly, it is hereby ordered that:

2

1. The Motions for Summary Judgment, ECF Nos. 173 and 176, are DENIED

3
4

without prejudice;
2. Absent leave of the Court, all issues the parties wish to resolve on summary

5

judgment must be raised together in one (1) consolidated motion or cross-

6

motion;

7
8
9
10
11

3. The Stipulations for Re-Setting Deadlines, ECF No. 178 and 179, are DENIED
as moot;
4. A scheduling order will issue forthwith.
IT IS SO ORDERED.
Dated: February 13, 2024

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2