Lerma-Mayoral v. El Centro, City of et al

Filing 83

ORDER Denying Motion for Leave to File Supplemental Briefing (Docket No. 82 ). Signed by Judge Larry Alan Burns on 9/6/2018. (jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARTIN LERMA-MAYORAL,
Plaintiff,

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v.

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CITY OF EL CENTRO, et al.,

Case No.: 15cv818-LAB (PCL)
ORDER DENYING MOTION FOR
LEAVE TO FILE
SUPPLEMENTAL BRIEFING

Defendant.

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Defendant Imperial County has filed an ex parte motion for leave to file

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supplemental authority (Docket no. 82) in support of its motion for summary

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judgment. The motion brings to the Court’s attention the Ninth Circuit’s recent

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memorandum opinion in 17-55533, Mehta v. City of Upland. But beyond that,

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Imperial County asks for leave to file briefing on the significance of the opinion.

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The Court may, of course, take notice of relevant decisional authority. But

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the opinion is straightforward and it does not appear briefing would significantly

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help in interpreting it. Furthermore, it does not establish or modify existing law, and

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it is not binding precedent. See Ninth Circuit Rules 36-1, 36-2, and 36-3(a).

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15cv818-LAB (PCL)

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The Court will take the decision into account, but the request for leave to file
briefing is DENIED.

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IT IS SO ORDERED.

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Dated: September 6, 2018

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Hon. Larry Alan Burns
United States District Judge

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15cv818-LAB (PCL)