Jasso

(PC) Petillo v. Jasso

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20221:21-cv-01401California378 words

Opinion

Trial Court Opinion

Facts.” Local Rule 260(a). Furthermore, this Court's local rule requires each motion 2 of summary judgment to include “a ‘Statement of Undisputed Facts’ that shall enumerate 3 discretely each of the specific material facts relied upon in support of the motion and cite the 4 particular points of any pleading, affidavit, deposition, interrogatory answer, admission, or other 5 document relied upon to establish that fact.” Plaintiff's motion fails to comport with Fed. R. Civ. 6 P. 56(a) and Local Rule 260(a). In addition, Plaintiff has not demonstrated that the material facts 4 are undisputed, and summary judgment cannot be granted if a material fact is in 8 dispute. See Fed. R. Civ. P. 56(a).! Accordingly, Plaintiff's motion for summary judgment 9 should be denied, without prejudice.

II.

RECOMMENDATION

12 Based on the foregoing, it is HEREBY RECOMMENDED that Plaintiff’s motion for 13 summary judgment, filed on September 9, 2022, be denied. 14 This Findings and Recommendation will be submitted to the United States District Judge 15 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within…

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