Turner v. Smith et al

Filing 196


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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 12 13 ORDER VACATING HEARING AND DIRECTING PARTIES TO SUBMIT FURTHER BRIEFING Plaintiff, 10 11 No. C 11-05176 CRB STEPHEN B. TURNER, v. MELODY SMITH, ET AL., Defendants. / 14 15 16 17 18 The Court VACATES the hearing set for January 20, 2017 and ORDERS the parties to submit further briefing on the following question: Are Defendants Sims, Smith, and/or Bent entitled to summary judgment on the claim that Turner’s arrest in December 2011 violated his First Amendment rights because it was made in retaliation for refusing to drop pending lawsuits? 19 Defendants shall have 14 days to file an opening brief that is no longer than 10 pages. 20 Plaintiff shall 7 days after the opening brief is due to file a response that is no longer than 10 21 pages. Defendants shall have 7 days after the response is due to file a reply that is no longer 22 than 5 pages. The parties are to address only the above question. If the Court finds that the 23 motions for summary judgment cannot be resolved without oral argument pursuant to Local 24 Rule 7-1(b), it will set a hearing date in a future order. 25 IT IS SO ORDERED. 26 Dated: January 18, 2017 27 28 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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