Wayne v. Sierra County

Wayne · United States District Court for the Eastern District of California · July 28, 2025 · No. 2:25-cv-1113-DAD-CKD (PS)

Summary

The United States District Court for the Eastern District of California denied plaintiffs' motion to supplement the record in their pro se action against Sierra County and others. The court held that the motion was procedurally improper and unnecessary because plaintiffs had no burden to submit supporting evidence at the motion-to-dismiss stage and had not shown a valid reason for additional briefing.

Holdings

  1. The motion to supplement the record was procedurally improper and unnecessary because plaintiffs had no burden at that stage to submit evidence in support of their claims.
  2. Plaintiffs had no right under the Federal Rules of Civil Procedure or the court's Local Rules to file a sur-reply or second opposition, and they failed to show a valid reason for additional briefing.

Questions Presented

  1. Whether plaintiffs could supplement the record with additional evidence while motions to dismiss the first amended complaint were pending.
  2. Whether plaintiffs were entitled to additional briefing, including a sur-reply or second opposition, beyond the briefing authorized by the court's rules.

Disposition

other

Cases Cited (2)

  • Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)(followed)
  • Love v. United States, 915 F.2d 1242, 1245 (9th Cir. 1989)(followed)

Cited In (0)

No citing cases on record yet.

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