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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1] Smiley Martin, No. Case 2:18-cv-01658-KJM-KJIN Plaintiff, ORDER v. Officer J. Her, Defendant. 17 The court’s final pretrial order in this matter listed several undisputed facts and permitted 19 the parties to object within fourteen days. See FPTO at 2-4, 11. Defendant Officer Her objects 20 that some of these facts are actually disputed. See Objs., ECF No. 62. He claimed unambiguously at summary judgment, however, that the same facts were undisputed. Compare FPTO at 4 with Def.’s Stmt. Undisp. Facts Nos. 18-38, ECF No. 33-7 and with Mem. at 3-4, ECF No. 33-2. Plaintiff urges the court to hold Officer Her to that previous position. See 24 generally Resp., ECF No. 63. The court agrees. “[S]tatements of fact contained in a brief may be 25 considered admissions of the party in the discretion of the district court.” Am. Title Ins. Co. v. Lacelaw Corp., 861 F.2d 224, 227…