Teplin v. The United States of America et al

Filing 38

ORDER DIRECTING SUPPLEMENTAL BRIEFING REGARDING DEFENDANT WENDI JOINERS CONVICTION Re Docket No. 36 . Signed by Judge Haywood S. Gilliam, Jr. on 11/15/2017. (ndrS, COURT STAFF) (Filed on 11/15/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 KRIS TEPLIN, 7 Plaintiff, 8 v. 9 THE UNITED STATES OF AMERICA, et al., 10 11 United States District Court Northern District of California Case No.17-cv-02445-HSG ORDER DIRECTING SUPPLEMENTAL BRIEFING REGARDING DEFENDANT WENDI JOINER’S CONVICTION Re: Dkt. No. 36 Defendants. 12 On November 14, 2017, Defendant Wendi Joiner filed supplemental briefing regarding this 13 14 Court’s subject matter jurisdiction over Plaintiff Kris Teplin’s claim under the Drug Dealer 15 Liability Act, Cal. Health & Safety Code §§ 11700 et seq. (“DDLA”). Dkt. No. 36. In her brief, 16 Joiner stated that during initial disclosures, Plaintiff produced court records showing that Joiner 17 “pled guilty to possession for sale of Acetaminophen/Codeine on May 5, 2016,” and not “to one 18 count of possession of narcotics with intent to sell,” as alleged by Plaintiff. Id. at 2. Joiner 19 suggests that this new fact is relevant to the issue of Plaintiff’s standing under the DDLA, and 20 requested permission to file supplemental briefing on that issue. Id.1 In any event, Plaintiff and Joiner are directed to submit simultaneous supplemental briefs, 21 22 not to exceed five pages, focusing on the legal significance of Joiner’s conviction for possession 23 for sale of acetaminophen/codeine. The parties should focus on the import of this fact for both the 24 standing and statute of limitations analyses. Defendant United States may also file a supplemental 25 brief if it wishes. The briefs must be submitted by November 29, 2017. No responsive filings will 26 27 28 1 In her supplemental brief, Joiner stated that she and Plaintiff had stipulated that Joiner could file further supplemental briefing to the Court on the standing issue. Dkt. No. 36 at 2. The parties are reminded that in the future, they must e-file any stipulations as required by Civil Local Rule 7-12. 1 2 3 be permitted. IT IS SO ORDERED. Dated: 11/15/2017 4 5 HAYWOOD S. GILLIAM, JR. United States District Judge 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

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