James v. Hayward Police Department et al

Filing 39

SCHEDULING ORDER (Illston, Susan) (Filed on 5/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS LAMAR JAMES, JR.,

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United States District Court
For the Northern District of California

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No. C 13-1092 SI (pr)

Plaintiff,

SCHEDULING ORDER

v.
HAYWARD POLICE DEPARTMENT;
et al.,
Defendants.

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In this action, plaintiff contends that he was unlawfully arrested and subjected to
excessive force by members of the Hayward Police Department on March 23, 2011. In a
separate order filed today, the court has lifted the stay of this action that has been in place since
July 1, 2014. See Docket # 26. It is now time to resume efforts toward the resolution of
plaintiff's claims.
At the time this action was stayed, plaintiff had not yet filed an opposition to defendants'
motion for summary judgment. When it issued the stay, the court dismissed defendants' motion
for summary judgment without prejudice to defendants filing a new motion after the stay is
lifted. Docket # 26 at 3. In a footnote, the court observed: "Defendants urge in their motion that
there is only 'a single excessive force claim.' Docket # 18 at 2. The order of service plainly
identified both an excessive force claim and an unlawful arrest claim. Defendants should
address both claims in any renewed motion for summary judgment." Docket # 26 at 3 n.1. The
court now sets the following schedule for defendants to file a new motion for summary
judgment:

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No later than June 26, 2015, defendants must file and serve their motion for

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summary judgment. At the time they serve their motion for summary judgment, defendants must

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also serve on plaintiff (but need not file with the court) a copy of each and every statute, rule and

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case cited in their memorandum of points and authorities in support of the motion for summary

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judgment.

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2.

No later than August 7, 2015, plaintiff must file and serve on defense counsel his

opposition to the motion for summary judgment. In preparing his opposition, plaintiff is

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cautioned to read the notice and warning about motions for summary judgment at page 5 of the

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order of service.

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United States District Court
For the Northern District of California

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3.

No later than August 21, 2015, defendants must file and serve their reply brief,

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The clerk will mail to plaintiff a copy of his complaint and the order of service.

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if any.

Docket # 1 and # 4.
IT IS SO ORDERED.
Dated: May 5, 2015

_______________________
SUSAN ILLSTON
United States District Judge

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