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Arroyo v. State

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


August 11, 2009

LUIS FARIAS ARROYO, A/K/A LUIS FARIAS, PLAINTIFF,
v.
STATE OF CALIFORNIA; JEFF CAMERON, CA DEPARTMENT OF JUSTICE BUREAU OF NARCOTICS ENFORCEMENT SPECIAL AGENT SUPERVISOR AND PLACER SPECIAL INVESTIGATIONS UNIT COMMANDER; BRANDON OLIVERA, CITY OF ROCKLIN POLICE OFFICER; SCOTT BRYAN, PLACER COUNTY; DAVE BROSE, OFFICE INVESTIGATOR, PLACER COUNTY DISTRICT ATTORNEY'S OFFICE; KEN ADDISON, PLACER COUNTY DEPUTY SHERIFF; BEN MACHADO, PLACER COUNT DEPUTY SHERIFF; RAD T. COULTER, DEA GROUP SUPERVISOR; REBECCA TAYLOR, DEA SPECIAL AGENT; DAVID KLINGMAN, DEA SPECIAL AGENT; ALICIA RAMIREZ, DEA SPECIAL AGENT; KATIE DORAIS, DEA SPECIAL AGENT; OMAR BERSAMINA, DEA SPECIAL AGENT; ROB THOMPSON, AGENT, FBI; OMAR BERSAMINA, SPECIAL AGENT, DEA; UNITED STATES OF AMERICA, DEFENDANTS.

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

ORDER

Pending are motions for summary judgments filed June 11, 2009, and July 2, 2009, which are scheduled for hearing August 17, 2009. Plaintiff opposes each motion arguing under Rule 56(F), inter alia, that because of conflicting evidence concerning his excessive force claim, he should be provided more time to conduct discovery before he has to respond to such motions. In light of the conflicting evidence concerning Plaintiff's excessive force claim, Plaintiff's continuance request is granted. Therefore the August 17, 2009, hearing date for the motions is vacated, and the pending motions are deemed withdrawn with the understanding they can be re-noticed for hearing on or before December 7, 2009, a date by which the discovery Plaintiff seeks should be completed.

20090811

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