Johnson et al v. Bay Area Rapid Transit District et al

Filing 439

ORDER TO SHOW CAUSE. Grant, Jr.'s Show Cause Response due by 5/30/2014. Defendants Gee and Pirone may file a response by 6/2/2014. Signed by Judge Edward M. Chen on 5/27/2014. (emcsec, COURT STAFF) (Filed on 5/27/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WANDA JOHNSON, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.
BAY AREA RAPID TRANSIT DISTRICT,
et al.,

No. C-09-0901 EMC
CONSOLIDATED CASES
C-09-4014 EMC (Grant)
C-09-4835 EMC (Bryson, et al.)
C-10-0005 EMC (Caldwell)

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Defendants.
___________________________________/

ORDER TO SHOW CAUSE
REGARDING GRANT, JR.’S CLAIM
AGAINST DEFENDANT GEE

AND RELATED ACTIONS.
___________________________________/

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The Court has reviewed the parties’ pre-trial filings in this action. Based on these filings, it

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is unclear to what extent Plaintiff Oscar Grant, Jr. is asserting a claim for denial of familial

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relationship against Defendant Gary Gee – the former BART Chief of Police.1 It is unclear how

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Plaintiff intends to establish Gee’s personal liability for this claim. See, e.g., Johnson v. Bay Area

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Rapid Transit, 790 F. Supp. 2d 1034, 1066 (N.D. Cal. 2011) (discussing the standard applicable to

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Fourteenth Amendment claims for loss of familial relationship claims).

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Accordingly, Plaintiff Oscar Grant, Jr. is ORDERED TO SHOW CAUSE why his

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remaining claims against Defendant Gee should not be dismissed. Grant Jr.’s response shall be filed

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no later than Friday, May 30, 2014 at 5:00 p.m. The response shall include citation to both legal

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authorities and specific factual evidence that Grant Jr. has to support his theory of liability. This

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In her prior summary judgment order, Judge Patel dismissed Grant Jr.’s claims against
Defendants BART, Pirone, Domenici, Knudtson, and Woffinden.

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response shall not exceed 10 pages in length. Defendants Gee and Pirone may file a response not to

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exceed 5 pages by Monday, June 2, 2014 at 5:00 p.m.

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IT IS SO ORDERED

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Dated: May 27, 2014

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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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