San Diego Branch of National Association For The Advancement of Colored People et al

Filing 197

ORDER Denying the Bidwell Plaintiffs' 196 Motion to Strike Defendants' Notice of Supplemental Authority; and Granting Bidwell Plaintiffs Leave to File a Response. Signed by Judge Todd W. Robinson on 10/16/20. (dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ERIC BIDWELL, et al., Case No.: 16-CV-2575 TWR (MSB) Plaintiffs, 12 13 14 ORDER (1) DENYING THE BIDWELL PLAINTIFFS’ MOTION TO STRIKE DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY, AND (2) GRANTING BIDWELL PLAINTIFFS LEAVE TO FILE A RESPONSE v. COUNTY OF SAN DIEGO, et al., Defendants. 15 16 17 (ECF No. 196) 18 19 Presently before the Court is the Objection to and Motion to Strike Notice of 20 Supplemental Authority filed by Defendants (“Mot.,” ECF No. 196) filed by Plaintiffs Eric 21 Bidwell, Michael Feinstein, Azikiwe Franklin, and Jeff Provenzano (the “Bidwell 22 Plaintiffs”). The Bidwell Plaintiffs request that the Court strike the Notice of Supplemental 23 Authority filed by Defendants for failure to comply with the Court’s Standing Order for 24 Civil Cases or, alternatively, permit the Bidwell Plaintiffs to file a sur-reply. (See Mot. at 25 1.) 26 Because the Court granted Defendants leave to file “a single, three-page notice of 27 supplemental authority addressing the applicability of the Cervantes order to their pending 28 motions for summary judgment,” (see ECF No. 192 at 1–2), the Court OVERRULES the 1 16-CV-2575 TWR (MSB) 1 Bidwell Plaintiffs’ objection and DENIES the Bidwell Plaintiffs’ request to strike 2 Defendants’ Notice of Supplemental Authority. Nonetheless, the Court GRANTS the 3 Bidwell Plaintiffs leave to file a response, not to exceed three (3) pages, to discuss the 4 distinguishing characteristics of Cervantes. No further briefing on the Cervantes order will 5 be permitted. 6 IT IS SO ORDERED. 7 8 Dated: October 16, 2020 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 16-CV-2575 TWR (MSB)

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