Lopez v. City and County of San Francisco et al

Filing 30

ORDER RE: JOINT STATEMENT OF UNDISPUTED FACTS. Signed by Judge Maria-Elena James on 3/20/2014. (cdnS, COURT STAFF) (Filed on 3/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICARDO LOPEZ,

Case No. 12-cv-06523-MEJ

Plaintiff,
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ORDER RE: STATEMENT OF FACTS

v.
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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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United States District Court
Northern District of California

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On March 20, 2014, Defendants filed a Motion for Summary Judgment, (Dkt. No. 20),

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along with a Joint Statement of Undisputed Facts (Dkt. No. 28). However, it is unclear if the joint

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statement is intended to comply with the August 28, 2013 Notice Re: Summary Judgment

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Statement of Facts. Dkt. No. 15. Pursuant to the August 28 Notice, all summary judgment

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motions must include the following:

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(1) Separate Statement of Facts. Any party filing a motion for
summary judgment must file a statement, separate from the motion
and memorandum of law, setting forth each material fact on which
the party relies in support of the motion. Each material fact in the
separate statement must be set forth in a separately numbered
paragraph and must refer to a specific admissible portion of the
record where the fact finds support (for example, affidavit,
deposition, discovery response, etc.). A failure to submit a separate
statement of facts in this form may constitute grounds for the denial
of the motion.
(2) Controverting Statement of Facts. Any party opposing a motion
for summary judgment must file a statement, separate from that
party’s memorandum of law, setting forth: (a) for each paragraph of
the moving party’s separate statement of facts, a correspondingly
numbered paragraph indicating whether the party disputes the
statement of fact set forth in that paragraph and a reference to the
specific admissible portion of the record supporting the party’s
position if the fact is disputed; and (b) any additional facts that
establish a genuine issue of material fact or otherwise preclude
judgment in favor of the moving party. Each additional fact must be
set forth in a separately numbered paragraph and must refer to a
specific admissible portion of the record where the fact finds
support.

(3) Reply Statement of Facts. If the party opposing summary
judgment sets forth additional facts, the moving party shall file a
statement, separate from the reply brief, with correspondingly
numbered paragraphs indicating whether the party admits or
disputes the statement of fact set forth in that paragraph and, if
disputed, a reference to the specific admissible portion of the record
supporting the party’s position. Facts that are not already included
in the motion and/or opposition are not permitted.

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(4) Alternative Procedure. As an alternative to filing a statement of
facts and controverting statement of facts, the movant and the party
opposing the motion may jointly file a stipulation signed by the
parties setting forth a statement of the stipulated facts and the
following statement: “The parties agree there is no genuine issue of
any material fact.” As to any stipulated facts, the parties so
stipulating may state that their stipulations are entered into only for
the purpose of the motion for summary judgment and are not
intended to be otherwise binding.

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Accordingly, the Court ORDERS Defendants to file an explanation by March 21, 2014, as

United States District Court
Northern District of California

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to whether the Joint Statement is intended to comply with Paragraph 4 above (which means all

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parties would have agreed that there are no material facts in dispute), or whether there are material

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facts in dispute (which means Defendants must instead file a Separate Statement of Facts in

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accordance with Paragraph 1 above). If there are no material facts in dispute, the noticed briefing

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and hearing schedule remains in effect. If there are material facts in dispute, the following

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briefing schedule shall apply:

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1)

Defendants shall file their Separate Statement of Facts by March 27, 2014;

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2)

Plaintiff shall file any Opposition and Controverting Statement of Facts by April
10, 2014;

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3)

Defendants shall file any Reply and Reply Statement of Facts by April 17, 2014;
and

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4)

The hearing shall be continued to May 1, 2014.

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IT IS SO ORDERED.

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Dated: March 20, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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