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