Conerly et al v. Santa Clara County Board of Supervisors et al

Filing 29

ORDER by Magistrate Judge Maria-Elena James denying 26 Motion for Delayed Ruling on Summary Judgment. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 1/6/2017)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RODNEY J. CONERLY, Plaintiff, 6 7 8 9 Case No. 16-cv-03168-MEJ (PR) v. LAURIE SMITH, et al., Defendants. ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR DELAYED RULING ON SUMMARY JUDGMENT Re: Dkt. No. 26 10 United States District Court Northern District of California 11 Plaintiff has filed a motion to delay ruling on Defendants’ motion for summary judgment. 12 Plaintiff asserts that he is still awaiting discovery, through which he “seeks the necessary facts to 13 overcome summary judgment.” Dkt. No. 26 at 1. Plaintiff’s motion is DENIED without 14 prejudice. Defendants’ motion for summary judgment is due on or before January 31, 2017. 15 Plaintiff’s opposition is due within twenty-eight days of the date the summary judgment motion is 16 filed. If he determines at that time that necessary facts are unavailable to him due to lack of 17 discovery, Plaintiff may, along with his opposition, file a declaration pursuant to Federal Rule of 18 Civil Procedure 56(d). Rule 56(d) provides that if a party opposing a summary judgment motion 19 shows “by affidavit or declaration that, for specified reasons, it cannot present facts essential to 20 justify its opposition, the court may (1) defer considering the motion or deny it; (2) allow time to 21 obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order. Fed. 22 R. Civ. P. 56(d). 23 This order terminates Docket No. 26. 24 IT IS SO ORDERED. 25 Dated: January 6, 2017 26 27 28 MARIA-ELENA JAMES United States Magistrate Judge

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