Holland v. City of San Francisco et al

Filing 188

ORDER re supplemental brifing on Rule 50(b) motion. Signed by Judge Thelton E. Henderson on 07/10/2013. (tehlc2, COURT STAFF) (Filed on 7/10/2013)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5

ELICIA HOLLAND,

6

Plaintiff,

7
8

NO. C10-2603 TEH
ORDER RE SUPPLEMENTAL
BRIEFING

v.
CITY OF SAN FRANCISCO, et al.,

9

Defendants.

11
For the Northern District of California

United States District Court

10

12

This matter is set for a hearing on July 22, 2013, on Plaintiff Elicia Holland’s Motion

13 for a New Trial and Renewed Motion for Judgment as a Matter of Law. Courts in the Ninth
14 Circuit “strictly construe the procedural requirement of filing a Rule 50(a) motion before
15 filing a Rule 50(b) motion.” Tortu v. Las Vegas Metropolitan Police Dept., 556 F.3d 1075,
16 1082 (9th Cir. 2009). On or before July 15, 2013, the parties shall file supplemental briefs,
17 not to exceed five pages, addressing whether Holland has met the requirement of filing a
18 Rule 50(a) motion, and if she has not, whether the Court may nevertheless consider
19 Holland’s argument that the strip search to which she was subjected was unconstitutional as a
20 matter of law.
21
22 IT IS SO ORDERED.
23
24 Dated: 7/10/2013
25
26
27
28

THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT