Pryor v. City of Clearlake et al

Filing 49

ORDER GRANTING IN PART DEFENDANTS' REQUEST FOR CLARIFICATION. Signed by Judge Claudia Wilken on December 7, 2011. (cwlc3, COURT STAFF) (Filed on 12/7/2011)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 SEAN PRYOR, 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 Plaintiff, v. CITY OF CLEARLAKE, a governmental entity; CARL MILLER, individually, and in his capacity as a police officer for the City of Clearlake and acting sergeant; ALAN WADE McCLAIN, individually and in his capacity as Chief of Police for the City of Clearlake; CRAIG CLAUSEN, individually and in his capacity as Police Lieutenant for the City of Clearlake; MICHAEL RAY, individually, and in his capacity as a police officer for the City of Clearlake; and DOES 1-50, individually, and in their capacity as police officers for the City of Clearlake, No. C 11-0954 CW ORDER GRANTING IN PART DEFENDANTS' REQUEST FOR CLARIFICATION (Docket No. 48) Defendants. ________________________________/ 19 20 The Court has received Defendants' December 6, 2011 letter 21 requesting clarification of the Court's November 21, 2011 order 22 granting the ex parte Application of Defendants Carl Miller, 23 Michael Ray, Craig Clausen and Allan Wade McClain to Exceed Page 24 Limit on Consolidated Motion for Summary Adjudication.1 25 Defendants are advised that normally requests for clarification are submitted pursuant to Civil Local Rule 7-11, in the form of a motion for administrative relief. However, given the approaching deadline, the Court will consider Defendants' request. 26 27 28 1 The June 1 9, 2011 case management order was intended to require that all 2 issues on behalf of all Defendants be contained in one motion of 3 twenty-five pages or less. 4 the first footnote in the November 21, 2011 application, in which 5 Defendants' intention to file two motions is evident, and thus did 6 not correct Defendants' misunderstanding. 7 Unfortunately, the Court overlooked Accordingly, the Court clarifies that all Defendants in this 8 action shall file a single joint motion for summary judgment on or 9 before December 12, 2011. The Court will allow up to fifty pages United States District Court For the Northern District of California 10 for this motion if necessary. 11 the number of pages in Defendants' brief, shall be filed on or 12 before December 20, 2011. 13 brief on or before December 27, 2011. 14 set for January 12, 2012. 15 The opposition brief, not to exceed Defendants may file a twenty page reply A hearing on the motion is IT IS SO ORDERED. 16 17 18 Dated: December 7, 2011 CLAUDIA WILKEN United States District Judge 19 20 21 22 23 24 25 26 27 28 2

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