Russell Maestro v. United States of America et al

Filing 142

ORDER ACCEPTING FINDINGS, CONCLUSION, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge Manuel L. Real for Report and Recommendation (Issued), 139 . IT IS HEREBY ORDERED THAT: (1) Plaintiff's Motions to Strike evidence are deni ed; (2) the Magana Motion is granted; (3) the Joint Motion is granted; (4) Plaintiff's Motion is denied; and, in light of the foregoing, (5) this action will proceed solely on plaintiff's remaining FTCA claim against the United States. Magana MOTION for Summary Judgment 63 , Joint MOTION for Summary Judgment 112 , Plaintiff's MOTION for Summary Judgment 129 . (dml)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RUSSELL MAESTRO,

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Plaintiff,

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Case No. CV 13-5448 R(JC)

v.
UNITED STATES OF AMERICA,
et al.,

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ORDER ACCEPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Defendants.
Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

18 Complaint, all documents filed in connection with the Motion for Summary
19 Judgment filed by defendant Magana (“Magana Motion”), the Motion for
20 Summary Judgment filed by defendants Gross, Murphy, Perrodin, Ortiz, Lewis,
21 Padilla, Carlon, Austin, Buckley, and Foster (“Joint Motion”), plaintiff’s Motions
22 to Strike evidence related thereto, and Plaintiff’s Motion for Summary Judgment
23 against defendant United States (“Plaintiff’s Motion”), together with all of the
24 records herein, including the attached Report and Recommendation of United
25 States Magistrate Judge (“Report and Recommendation”). The Court approves and
26 accepts the Report and Recommendation.
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IT IS HEREBY ORDERED THAT: (1) Plaintiff’s Motions to Strike

2 evidence are denied; (2) the Magana Motion is granted; (3) the Joint Motion is
3 granted; (4) Plaintiff’s Motion is denied; and, in light of the foregoing, (5) this
4 action will proceed solely on plaintiff’s remaining FTCA claim against the United
5 States.
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IT IS FURTHER ORDERED that the Clerk serve copies of this Order and

7 the Report and Recommendation on plaintiff and counsel for defendants.
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IT IS SO ORDERED

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DATED: January 15, 2015

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________________________________________

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HONORABLE MANUEL L. REAL
UNITED STATES DISTRICT JUDGE

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