K.J.P. v. San Diego, County of

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

K.J.P., a minor, and K.P.P., a minor, Case No.: 3:15-cv-02692-H-MDD individually, by and through their mother,

LOAN THI MINH NGUYEN, who also ORDER: sues individually and as successor in interest to her now deceased husband, ORDER REGARDING

Lucky Phounsy, SUPPLEMENTAL BRIEFING

Plaintiffs,

ORDER DENYING DEFENDANTS’ v. EX PARTE MOTION TO EXPEDITE RULING ON DEFENDANTS’

COUNTY OF SAN DIEGO; RICHARD

MOTION FOR JUDGMENT

FISCHER,

PURSUANT TO FEDERAL RULES

Defendants. OF CIVIL PROCEDURE 50(a) AND 50(b)

[Doc. No. 412.]

On August 30, 2021, Defendants filed a motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(a). (Doc. No. 354.) On September 12, 2021, Defendants filed a motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). (Doc. No. 386.) On September 13, 2021, Plaintiffs filed their response in opposition to Defendants’ Rule 50(a) motion. (Doc. No. 388.) On September 16, 2021, Plaintiffs filed their response in opposition to Defendants’ Rule 50(b) motion. (Doc. No. 397.) On September 30, 2021, Defendants filed their replies in support of their Rule 50(a) motion, (Doc. No. 409), and Rule 50(b) motion. (Doc. No. 408.) On October 18, 2021, Defendants filed an ex parte motion for the Court to expedite its ruling on Defendants’ 50(a) and 50(b) motions. (Doc. No. 412.)

On October 18, 2021, the Supreme Court of the United States issued opinions in City of Tahlequah, Oklahoma v. Bond, 595 U.S. ___ (2021) and Rivas- Villegas v. Cortesluna, 1/595 U.S.___ (2021). The parties are to file briefings on the effect, if any, the opinions have Defendants’ pending Rule 50(a) and Rule 50(b) motions (Doc. Nos. 354, 386.) Defendants’ brief is due on or before Friday, October 22, 2021. Plaintiffs’ opposition brief is due on or before Friday, October 29, 2021. Defendants should not file a reply brief absent further order from the Court. Pursuant to Civil Local Rule 7.1(h), briefs must not exceed twenty-five (25) pages in length without leave of the Court. Briefs exceeding ten (10) pages in length must have a table of contents and a table of authorities cited. In light of the requested additional briefing, the Court denies Defendants’ motion for an expedited ruling on their Rule 50(a) and Rule 50(b) motions. (Doc. No. 412.)

IT IS SO ORDERED.

DATED: October 19, 2021 } / | ) | | □ MAAL-YV\ Le HHL A MARILYN I HUFF, DistrictUfdke UNITED STATES DISTRICT COURT