Wynne

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELIZABETH P WYNNE, Case No. 23-cv-02365-DMR

8 Plaintiff,

ORDER ON PLAINTIFF’S MOTION

9 v. FOR SUMMARY JUDGMENT

10 PATRICIA ARTEAGA, Re: Dkt. No. 26 11 Defendant.

12 Plaintiff Elizabeth P. Wynne filed the complaint on May 15, 2023. She alleges that 13 Defendant Patricia Arteaga also known as Alma Cazares committed identify theft by stealing, 14 receiving, and/or unlawfully obtaining her social security number (“SSN”). Plaintiff now moves 15 for summary judgment. [Docket No 26 (“Mot.”).] The court held a hearing on January 25, 2024. 16 For the following reasons, Plaintiff’s motion is denied. 17 In her opposition brief, Defendant requests that the court grant summary judgment in her 18 favor sua sponte. [Docket No. 29 (“Opp’n”) at 1.] Defendant had the ability to file a cross- 19 motion for summary judgment but chose not to do so. In addition, discovery is open until March 20 26, 2024, which means Plaintiff can develop more facts which…