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Tony L. Burns v. Ofcr Kevin Barreto; Ofcr Mark Simonson of the Benicia Police

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


April 13, 2012

TONY L. BURNS, PLAINTIFF,
v.
OFCR KEVIN BARRETO; OFCR MARK SIMONSON OF THE BENICIA POLICE DEPT, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Defendants' motion for summary judgment was previously set for a hearing to take place on March 15, 2012. (Minute Order, Feb. 10, 2012, Dkt. No. 48.)*fn1 Plaintiff timely sought an extension of time or continuance of the hearing date and briefing schedule pursuant to Federal Rule of Civil Procedure 56(d), so that he could obtain and review documents he claimed he needed to oppose defendants' motion for summary judgment. Despite deficiencies in plaintiff's initial request, the court granted plaintiff two additional opportunities to make a sufficient showing under Rule 56(d). (Order, Feb. 29, 2012, Dkt. No. 52; Order, Apr. 3, 2012, Dkt. No. 55.) On February 23, 2012, plaintiff filed an ex parte request (Dkt. No. 50) seeking an extension of time in which to oppose defendants' motion for summary judgment. However, on April 11, 2012, plaintiff withdrew his ex parte request (Dkt. No. 56).

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's ex parte request made pursuant to Federal Rule of Civil Procedure 56(d) (Dkt. No. 50) is withdrawn.

2. A hearing on defendants' motion for summary judgment shall take place on Thursday, May 31, 2012, at 10:00 a.m., in Courtroom 25.

3. Plaintiff shall file a written opposition or statement of non-opposition on or before May 3, 2012. Plaintiff is cautioned that his opposition must conform with Federal Rule of Civil Procedure 56 and the court's Local Rules, including Local Rule 260, which contains specific provisions governing motions for summary judgment and oppositions thereto.

4. Defendants may file a reply brief on or before May 10, 2012. IT IS SO ORDERED.


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