Trujillo v. Jacquez et al

Filing 185

ORDER by Judge Yvonne Gonzalez Rogers striking 173 Defendants' Motion for Summary Judgment; denying as moot 178 Motion to Strike ; denying as moot 179 Motion to Shorten Time. (fs, COURT STAFF) (Filed on 8/13/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO TRUJILLO,

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Plaintiff,
vs.

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FRANCISCO JACQUEZ, et al.,

Case No. 10-cv-5183 YGR
ORDER STRIKING MOTION FOR SUMMARY
JUDGMENT FILED BY DEFENDANTS;
DENYING PLAINTIFF’S MOTION TO STRIKE
AND MOTION TO SHORTEN TIME AS MOOT

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Defendants.
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Defendants Hickman, Moua, Kay, White, Jacquez, Avila, Polk, Long, and Reynoso filed their
Northern District of California

United States District Court

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second motion for summary judgment on August 7, 2014. (Dkt. No. 173.) The filing does not
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comply with this Court’s Standing Order in Civil Cases at paragraph 9(a). The Standing Order does
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not provide an exception to the Court’s pre-filing conference requirement for civil rights actions
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where both plaintiff and defendants are represented. The motion for summary judgment is
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STRICKEN on those grounds.
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The Court further notes that the motion for summary judgment did not comply with this
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Court’s Standing Order in Civil Cases at paragraph 9(c), requiring a separate statement of facts.
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Counsel must correct this deficiency in any future filing. Finally, in any future letter requesting a
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pre-filing conference, Defendants are directed to address why leave of Court to file an additional
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summary judgment motion should be permitted. See Standing Order in Civil Cases, paragraph 9(b).
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Based upon the foregoing, Plaintiff’s motions to strike the summary judgment motion and to
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shorten time for hearing on that motion are DENIED as moot.
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This Order terminates Dkt. Nos. 173, 178, and 179.
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IT IS SO ORDERED.
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Date: August 13, 2014

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE