WILLIAM B. SHUBB, District Judge.
Plaintiffs Reverge Anselmo and Seven Hills Land and Cattle Company ("Seven Hills") have brought this suit against defendants Ross Mull, Leslie Morgan, Les Baugh, Glen Hawes, County of Shasta ("Shasta County"), and the Board of Supervisors of the County of Shasta ("Board") related to defendants' actions surrounding the issuance of a Williamson Act contract and enforcement of a grading ordinance. Plaintiffs allege violations of 42 U.S.C. § 1983 and seek injunctive relief through a writ of mandate. (Notice of Removal Ex. B ("TAC") (Docket No. 1-2).) Presently before the court are plaintiffs' motions for partial summary judgment. (Docket Nos. 120, 121.)
The legal bases for plaintiffs' motions are unclear. In one motion, plaintiffs request that the court find that the defendant owed Seven Hills a "duty to approve a Williamson Act contract" and breached that duty or, alternatively, that Board's vote on December 16, 2008 "constituted approval of execution of such a Contract as of that date." (Pls.' Mot. for Partial Summ. J. Re: Williamson Act ("Williamson Act MSJ") at 6:12-22 (Docket No. 121-2).)
In the other motion, plaintiffs "seek[] to eliminate a defense likely to be asserted by the County and individual defendants that their actions or inactions were not violative of the constitutional rights of plaintiffs." (Pls.' Reply in Supp. of Mot. for Partial Summ. J. Re: Grading Ordinance ("Ordinance MSJ") at 2:5-7 (Docket No. 128).) Specifically, plaintiffs request partial summary judgment barring defendants from asserting, as a defense to a § 1983 claim, that plaintiffs violated a grading ordinance when conducting work on plaintiffs' property. (Ordinance MSJ at 1:25-2:4 (Docket No. 120-1).)
With regard to the Williamson Act MSJ, plaintiffs' briefs sometimes imply that Seven Hills' Fourteenth Amendment due process rights were infringed when it was deprived of a constitutionally protected property interest. (Williamson Act MSJ at 7:18-21, 10:1-4.) At other points plaintiffs appear to contend that the motion is based on deprivation of a Fourteenth Amendment right to equal protection. (
The Third Amended Complaint's ("TAC") § 1983 claim alleges both due process an equal protection violations, (Third Am. Compl. ("TAC") ¶¶ 60.0(1) & (4)). Yet, plaintiffs' briefs do not cite a single §1983 case by a federal court to guide this court's analysis.
"Section 1983 `is not itself a source of substantive rights,' but merely provides `a method for vindicating federal rights elsewhere conferred.'"
Without a clear explanation of the constitutional rights at the base of plaintiffs' motions, the court would simply be speculating as to the specific issues to be resolved, which would likely lead to later argument that the court misunderstood plaintiffs' motions. Furthermore, the dispositive motion deadline is still six weeks away. (Docket No. 117.) Even if the court granted plaintiffs the relief they seek, plaintiffs might then file another motion seeking summary judgment on the remaining issues in their § 1983 claims. Thus, addressing plaintiffs' specific arguments regarding the Williamson Act statutory scheme and the statute of limitations for a grading ordinance violation at this time would not "be conducive to the conservation of judicial resources and of benefit to the parties."
IT IS THEREFORE ORDERED that plaintiffs' motions for partial summary judgment be, and the same hereby are, DENIED.