Refugio Nieto et al v. City and County of San Francisco et al

Filing 63

ORDER GRANTING PLAINTIFF THE OPPORTUNITY TO RESPOND TO DEFENDANTS' SUPPLEMENTAL EVIDENCE; CONTINUING HEARING TO NOVEMBER 6, 2015, 1:00 P.M.; AND TENTATIVE RULING ON SUMMARY JUDGMENT. Re: Dkt. Nos. 59-62. Signed by Judge Nathanael Cousins on 11/2/2015. (lmh, COURT STAFF) (Filed on 11/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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REFUGIO NIETO, et al.,
Plaintiffs,

United States District Court
Northern District of California

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Case No.14-cv-03823 NC

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ORDER GRANTING PLAINTIFF
THE OPPORTUNITY TO RESPOND
TO DEFENDANTS’
SUPPLEMENTAL EVIDENCE;
CONTINUING HEARING TO
NOVEMBER 6, 2015, 1:00 P.M.; AND
TENTATIVE RULING ON
SUMMARY JUDGMENT

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Re: Dkt. Nos. 59-62

v.

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

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In their reply in support of summary judgment, Defendants have submitted four

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additional declarations with evidence they wish this Court to consider. See Dkt. Nos. 5962. However, “[t]he district court need not consider arguments raised for the first time in a
reply brief.” Zamani v. Carnes, 491 F.3d 990, 997 (9th Cir. 2007). Therefore, this Court
is not required to consider the four additional declarations. If the Nietos wish to object to
these declarations or respond to their merits, they have until November 5, 2015, at noon to
do so.
The Court continues the hearing to November 6, 2015, at 1:00 p.m. in San
Francisco Courtroom D.
Finally, the Court’s tentative ruling on Defendants’ motion for summary judgment
is to DENY it due to a genuine dispute of material facts. This does not apply to the Nietos’
Case No.14-cv-03823 NC

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Monell claim, which they have agreed not to pursue.

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IT IS SO ORDERED.

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Dated: November 2, 2015

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No.:14-cv-03823 NC

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