(PC) Tomasini v. Duncan

Filing 95

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/04/2021. STRICKING 91 Sur-Reply and 92 Cross Motion for Summary Judgment. (Rodriguez, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

PAUL C. TOMASINI,

12

Plaintiff,

13
14

No. 2:18-cv-3020 MCE CKD P

v.

ORDER

JESSICA DUNCAN, et al.,

15

Defendants.

16
On April 30, 2021, plaintiff filed a sur-reply with respect to a pending motion for

17
18

summary judgment filed by defendants. Under local rule 230(l), sur-replies are not permitted

19

without leave. As plaintiff did not seek leave to file a sur-reply, his sur-reply will be stricken.
Also, it appears that plaintiff is attempting to assert a cross-motion for summary judgment

20
21

in a document filed May 3, 2021. The deadline for filing motions for summary judgment passed

22

on March 15, 2021 and plaintiff does not seek leave to file a motion for summary judgment.

23

Accordingly, plaintiff’s cross-motion for summary judgment will be stricken as well.

24

/////

25

/////

26

/////

27

/////

28

/////

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s April 30, 2021 sur-reply is stricken; and

3

2. Plaintiff’s May 3, 2021 cross motion for summary judgment is stricken.

4

Dated: June 4, 2021
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10

1/mp
toma3020.36

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2