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Connell v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 1, 2009

JACQUELINE CONNELL, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

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.

20090501

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