Martin

ORDER DENYING MOTION FOR SUMMARY JUDGMENT [Docket No. 9-1], GRANTING MOTION FOR SUMMARY ADJUDICATION [Docket No. 9-2], DENYING DEFENDANTS’ OBJECTIONS [Docket No. 21-1], DENYING AS MOOT PLAINTIFF’S MOTION TO CONTINUE HEARING [Docket Nos. 24-1 and 24-2] AND DISMISSING STATE LAW CLAIMS

I. INTRODUCTION

Before the Court are Defendants’ Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Issues, Defendants’ Objections to Plaintiffs Opposition, and Plaintiffs Motion to Continue Hearing. The Court determined it appropriate to decide these matters without oral argument as permitted by Civil Local Rule 7.1(d)(1). For the reasons below, the Court denies Defendants’ Objections to this Court’s consideration of plaintiffs late-filed opposition brief, denies Plaintiffs motion to continue hearing, grants. Defendants’ Motion for Summary Adjudication of Issues as to the federal claims, and dismisses without prejudice the remaining pendent state law claims.

II. BACKGROUND

Mark Martin is suing the City of Oceanside and police officers Shawn Kelly and Benjamin Ekeland for claims rising out of an incident in which Officers Kelly and Ekeland entered Martin’s house without a…