Sumera v. Holder et al
Filing
37
ORDER REQUIRING PLAINTIFF TO SUBMIT SUPPLEMENTAL BRIEFING BY JUNE 6, 2014. Signed by Judge Kandis A. Westmore on 05/30/2014. (kawlc2S, COURT STAFF) (Filed on 5/30/2014)
1
2
3
United States District Court
Northern District of California
4
5
6
7
RUBEN SUMERA,
Plaintiff,
8
9
10
v.
ORDER REQUIRING PLAINTIFF TO
SUBMIT SUPPLEMENTAL BRIEFING
ERIC HOLDER,
Defendant.
11
United States District Court
Northern District of California
Case No.: 4:13-cv-1950-KAW
12
13
14
On May 9, 2014, Plaintiff filed an opposition to the motion to dismiss pending in this case.
15
(Pl.'s Opp'n, Dkt. No. 32.) In his opposition, Plaintiff concedes that (1) the only proper defendant
16
is Attorney General Eric Holder, in his official capacity, (2) his prayer for punitive damages
17
should be dismissed, and (3) "the constitutional claims outside the EEOC exhaustion process
18
[Bivens] are not cognizable as to this former federal employee, absent an independent basis for
19
such a claim which on these facts does not appear." (Id. at 2.)
20
He also asserts that his remaining claims, as exhausted, are viable, but he does not address
21
Defendant's argument that several allegations in the complaint go outside the scope of the EEOC
22
charge. (Id.) He also fails to address whether, under the current Iqbal-Twombly pleading
23
standard, the complaint contains sufficient factual matter to state a claim for relief that is plausible
24
on its face.
25
In light of these deficiencies in Plaintiff's opposition, the Court orders Plaintiff to provide
26
supplemental briefing on the issues mentioned above. Plaintiff shall submit a supplemental brief
27
of no more than 10 pages by June 6, 2014. The Court reminds Plaintiff that continued failures to
28
comply with filing deadlines will not be tolerated.
1
The June 5, 2014 hearing on the motion to dismiss is hereby vacated.
2
IT IS SO ORDERED.
3
Dated: May 30, 2014
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge
4
5
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?