IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 1, 2009
JACQUELINE CONNELL, PLAINTIFF,
UNITED STATES OF AMERICA, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
On April 17, 2009, Plaintiff filed an opposition to Defendant's summary judgment motion, which contains a challenge to the government's certification that Dr. Frank LiVolsi "was acting in the scope of his employment . . . at the time of the alleged incidents" in Plaintiff's Complaint. (Dkt. No. 16, Certification.) Since this issue is not involved in Defendant's motion, and Plaintiff failed to noticed this challenge in a motion as required by Local Rule 78-230(b), this challenge in Plaintiff's April 17, 2009 opposition is stricken.
Further, Plaintiff filed an unauthorized supplemental opposition to Defendant's summary judgment motion on April 30, 2009. However, "[n]either the Federal Rules of Civil Procedure nor the Local Rules provide a right to file" a supplemental opposition.
Dell'Antonia v. California, No. 1:00-cv-06602, 2007 WL 810096, at *1 (E.D. Cal. Mar. 15, 2007) (striking supplemental opposition that was filed without leave of court); therefore, Plaintiff's supplemental opposition is also stricken.
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