Jenkins et al v. City of Richmond

Filing 404

ORDER RE 402 PLAINTIFFS' STATEMENT OF CLAIMED ACTS OF RETALIATION. Signed by Judge Edward M. Chen on 6/26/2012. (emclc2, COURT STAFF) (Filed on 6/26/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES JENKINS, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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ORDER RE PLAINTIFFS' STATEMENT
OF CLAIMED ACTS OF RETALIATION

CITY OF RICHMOND,

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No. C-08-3401 EMC

Defendant.
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(Docket No. 402)
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The Court is in receipt of Plaintiffs' Jenkins and Picketts' Statement of Claimed Acts of

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Retaliation regarding evidence of retaliation. However, Plaintiffs' statement does not comply with

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the Court's order directing the parties to file briefs proffering new evidence, and does not assist the

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Court in determining whether to allow Plaintiffs' proffer. First, Plaintiffs' statement does not

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describe the alleged instances of retaliation in any degree of detail, so that the Court could evaluate

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Plaintiffs' allegations. Second, Plaintiffs' statement does not distinguish between old evidence,

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which has already been addressed in the parties' depositions, and new evidence, which has emerged

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after the parties' depositions and could require additional discovery. The focus of the Court's prior

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order was on new evidence, yet it cannot discern from the statement what would qualify as new

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evidence. Nor do the Plaintiffs provide any information regarding the dates of their last depositions.

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Third, Plaintiffs offer no further information (e.g., a sworn declaration or other evidence) as to any

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good cause for their delayed submission.

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Plaintiffs Jenkins and Pickett are directed to file a brief with the above-described detail, and

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any other information that would be helpful to the Court, no later than Wednesday, June 27, 2012,

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at 12:00 p.m. The Court will issue an order thereafter.

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IT IS SO ORDERED.

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Dated: June 26, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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