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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ERIC BIDWELL, et al.,

Case No.: 16-CV-2575 TWR (MSB)
Plaintiffs,

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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.

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(ECF No. 196)

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Presently before the Court is the Objection to and Motion to Strike Notice of

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Supplemental Authority filed by Defendants (“Mot.,” ECF No. 196) filed by Plaintiffs Eric

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Bidwell, Michael Feinstein, Azikiwe Franklin, and Jeff Provenzano (the “Bidwell

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Plaintiffs”). The Bidwell Plaintiffs request that the Court strike the Notice of Supplemental

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Authority filed by Defendants for failure to comply with the Court’s Standing Order for

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Civil Cases or, alternatively, permit the Bidwell Plaintiffs to file a sur-reply. (See Mot. at

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1.)

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Because the Court granted Defendants leave to file “a single, three-page notice of

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supplemental authority addressing the applicability of the Cervantes order to their pending

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motions for summary judgment,” (see ECF No. 192 at 1–2), the Court OVERRULES the
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16-CV-2575 TWR (MSB)

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Bidwell Plaintiffs’ objection and DENIES the Bidwell Plaintiffs’ request to strike

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Defendants’ Notice of Supplemental Authority. Nonetheless, the Court GRANTS the

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Bidwell Plaintiffs leave to file a response, not to exceed three (3) pages, to discuss the

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distinguishing characteristics of Cervantes. No further briefing on the Cervantes order will

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be permitted.

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IT IS SO ORDERED.

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Dated: October 16, 2020

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16-CV-2575 TWR (MSB)