Beckway v. DeShong et al

Filing 167

ORDER re: Further Briefing. Hearing on Motions for Summary Judgment set for 4/4/2011 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 03/08/11. (tehlc2, COURT STAFF) (Filed on 3/8/2011)

Beckway v. DeShong et al

Doc. 167

1 2 3 4 5 6 7 8 9 10 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

BRENT BECKWAY, Plaintiff, NO. C07-5027 TEH ORDER RE: FURTHER BRIEFING

DEPUTY PAUL DESHONG, et al., Defendants.

United States District Court

11
For the Northern District of California

The opposition papers timely filed by Plaintiff on February 22, 2011, fail to make

12 arguments or cite facts showing a genuine issue of material fact for trial. See Anderson v. 13 Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). On March 3, 2011, and again on March 7, 14 2011, Plaintiff lodged documents with the Court "in opposition to defendants' motions for 15 summary judgment." Plaintiff failed to cite specific portions of these documents, which 16 number in the hundreds of pages. It is not this Court's task "to scour the record in search of a 17 genuine issue of triable fact." Keenan v. Allan, 91 F.3d 1275, 1279 (9th Cir. 1996) (quotation 18 and citation omitted). 19 Plaintiff's efforts to oppose Defendants' motions for summary judgment are wholly

20 inadequate. However, the Court is loathe to punish a client for the blunders of counsel. 21 Accordingly, the hearing scheduled for 10 a.m. on Monday, March 14, 2011, is HEREBY 22 CONTINUED until 10 a.m. on Monday, April 4, 2011. Any briefing Plaintiff wishes to file 23 explaining which facts in the record create a genuine issue of material fact for trial must be 24 filed no later than Tuesday, March 15, 2011. Plaintiff is cautioned against citing broadly to 25 pages of deposition testimony or medical records. Citations must clearly refer to specific 26 lines of text and Plaintiff must explain why these lines of text support his claims. 27 Furthermore, Plaintiff must adhere to the procedures described in Rule 56(c) of the Federal 28 Rules of Civil Procedure.

Dockets.Justia.com

1 2

Defendants may file responses no later than Tuesday, March 22, 2011.

3 IT IS SO ORDERED. 4 5 Dated: 3/8/11 6 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

11
For the Northern District of California

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