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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KRIS TEPLIN,

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Plaintiff,

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v.

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THE UNITED STATES OF AMERICA, et
al.,

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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.

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On November 14, 2017, Defendant Wendi Joiner filed supplemental briefing regarding this

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Court’s subject matter jurisdiction over Plaintiff Kris Teplin’s claim under the Drug Dealer

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Liability Act, Cal. Health & Safety Code §§ 11700 et seq. (“DDLA”). Dkt. No. 36. In her brief,

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Joiner stated that during initial disclosures, Plaintiff produced court records showing that Joiner

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“pled guilty to possession for sale of Acetaminophen/Codeine on May 5, 2016,” and not “to one

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count of possession of narcotics with intent to sell,” as alleged by Plaintiff. Id. at 2. Joiner

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suggests that this new fact is relevant to the issue of Plaintiff’s standing under the DDLA, and

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requested permission to file supplemental briefing on that issue. Id.1
In any event, Plaintiff and Joiner are directed to submit simultaneous supplemental briefs,

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not to exceed five pages, focusing on the legal significance of Joiner’s conviction for possession

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for sale of acetaminophen/codeine. The parties should focus on the import of this fact for both the

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standing and statute of limitations analyses. Defendant United States may also file a supplemental

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brief if it wishes. The briefs must be submitted by November 29, 2017. No responsive filings will

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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.

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be permitted.
IT IS SO ORDERED.
Dated: 11/15/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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