Opinion
NO. C 08-04067 JW
01-25-2012
ORDER REQUIRING SUPPLEMENTAL EVIDENCE
Presently before the Court is Plaintiff's Motion for an Order Compelling Defendants to Reply to Plaintiff's Complaint. In their Opposition to the Motion, Defendants contend that the Motion is "premature . . . because [Plaintiff] did not exhaust administrative remedies for at least one of his two claims." However, Defendants offer no evidence in support of this contention.
(Plaintiff Russell Martin's Notice of Motion and Motion for an Order Compelling Defendants to Reply to Plaintiff's Complaint; Memorandum of Points and Authorities in Support, hereafter, "Motion," Docket Item No. 59.)
(Defendants' Response to Plaintiff's Motion to Compel a Reply to the Complaint at 2, Docket Item No. 60.)
--------
The Court finds that it would benefit from supplemental evidence as to this issue. Accordingly, on or before January 27, 2012, Plaintiff shall file evidence showing that he exhausted administrative remedies for his claims.
______________
JAMES WARE
United States District Chief Judge
THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:
Adam Charles Wright awright@nixonpeabody.com
Jose Alfonso Zelidon-Zepeda Jose.ZelidonZepeda@doj.ca.gov
Matthew J. Frankel mfrankel@nixonpeabody.com
Seth Lewis Neulight sneulight@nixonpeabody.com
Richard W. Wieking, Clerk
By: __________
Susan Imbriani
Courtroom Deputy