Bucheit v. Dennis et al

Filing 270

ORDER For Joint Statement of Undisputed Facts. Signed by Judge Joseph C. Spero on February 10, 2012. (jcslc2, COURT STAFF) (Filed on 2/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JONATHAN B. BUCKHEIT,

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Plaintiff(s),
v.

ORDER FOR JOINT STATEMENT OF
UNDISPUTED FACTS

TONY DENNIS, ET AL.,
Defendant(s).
___________________________________/

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For the Northern District of California

United States District Court

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Case No. C 09-5000 JCS

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Currently pending before the Court are four separate Motions for Summary Judgment filed

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by the parties in the above-captioned matter. The parties have submitted a purported “Amended

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Joint Statement of Undisputed Facts in Support of Motion for Summary Judgment.” See Docket

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No. 193. The Court has reviewed this document and finds that it contains numerous “facts,” which

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are not facts. See Docket No. 193, Nos. 45-67; 70-82; 92-93;112-117; 121; 123; 131-132; 148.

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These “facts” are contentions of the parties and do not indicate whether the underlying facts are

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undisputed. The purpose of a Joint Statement of Undisputed Facts is to set forth the facts that are no

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longer in dispute. Reciting “Officer Devlugt contends that CV-1 was wearing what appeared to be

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pajamas” is not the proper format for an undisputed fact. Rather, this format merely sets forth a

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contention of one of the parties. The Court’s Standing Order on Motions for Summary Judgment

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provides as follows:

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The parties shall file a joint statement of undisputed facts. If the parties are unable to reach
complete agreement after meeting and conferring, they shall file a joint statement of the
undisputed facts about which they do agree. Separate statements of undisputed facts shall not
be filed and will not be considered by the Court.

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Civil Standing Orders for Magistrate Judge Joseph C. Spero, Revised 11/03/08, ¶ 17.
Because the parties’ submission violates this Court’s Standing Order, it will not be
considered by the Court. The parties are ordered to submit a Joint Statement of Undisputed Facts

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that consists only of facts and which complies with the Court’s Standing Order on or before Tuesday

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February 14, 2012 at 4:00 p.m.

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The parties are cautioned that any party who objects to a proposed fact without a reasonable

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basis for doing so may be subject to sanctions. Similarly, the Court may deem any proposed fact to

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which a party does not respond to be undisputed

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IT IS SO ORDERED.
Dated: February 10, 2012

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________________________________
JOSEPH C. SPERO
United States Magistrate Judge

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For the Northern District of California

United States District Court

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