Khoo

DISCUSSION

10 Defendants do not oppose Plaintiff’s motions insofar as she seeks to re-file a motion for summary 11 judgment in accordance with the Court’s original scheduling order and March 29, 2022, Findings and 12 Recommendation. Defendants do, however, object to the proposed renewed motion for summary 13 judgment on the ground that Plaintiff’s statement of undisputed fact is procedurally and substantively 14 deficient. The Court agrees with Defendants. 15 As stated in the March 29, 2022, Findings and Recommendations: 16 Plaintiff did not comply with Local Rule 260(a) which requires the party moving for summary judgment to provide a “Statement of Undisputed Facts” that cites to the evidentiary basis for each undisputed fact. Federal Rule of Civil Procedure 56(c) similarly mandates that all undisputed facts be based on “materials in the record” such as affidavits or depositions. Although Plaintiff has attached exhibits and her own declaration to the motion for summary 19 judgment, she has not included a separate statement of undisputed facts as required by Local Rule 260(a).

(ECF No. 79 at 2.) Plaintiff’s renewed “Statement of Undisputed Facts”…