Tanya Tate-Cook et al v. County of Los Angeles et al

Filing 65

JUDGMENT IN FAVOR OF DEFENDANTS COUNTY OF LOS ANGELES, SHERIFF JIM MCDONNELL AND CAPTAIN CHRIS MARKS ON PLAINTIFFS' COMPLAINT by Judge Philip S. Gutierrez: Now, therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiffs shall have and recover nothing by reason of each and all of the claims set forth in their Complaint against Defendants. Defendants shall recover costs in accordance with Local Rule 54(d). (bm)

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E-FILED 2/12/18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 TANYA TATE-COOK, as successorin-interest of the Estate of Troy Tate, decedent, and DAVID LEON TATE, SR., and SARAH L. TATE, individually, Plaintiffs, 15 16 vs. 17 18 19 20 21 COUNTY OF LOS ANGELES, SHERIFF JIM MCDONNELL, in his individual and official capacity; CAPTAIN CHRIS MARKS, in his individual and official capacity, and DOES 1 – 50, INCLUSIVE, 22 PSG (JCx) Case No.: CV16-2068 (BRO) JCx (Hon. Philip S. Gutierrez) [PROPOSED] JUDGMENT IN FAVOR OF DEFENDANTS COUNTY OF LOS ANGELES, SHERIFF JIM MCDONNELL AND CAPTAIN CHRIS MARKS ON PLAINTIFFS’ COMPLAINT Action Filed: March 25, 2016 Defendants. 23 24 Defendants COUNTY OF LOS ANGELES, SHERIFF JIM MCDONNELL 25 26 and CAPTAIN CHRIS MARKS [“Defendants”] filed a Motion for Summary 27 Judgment on Plaintiffs’ Complaint pursuant to Rules of Civil Procedure 56(c). [Dkt. 28 35] -1- 1 Upon consideration of the moving papers, all declarations and exhibits 2 submitted therewith, and the entire case file, the Court GRANTED the motion of 3 Defendants in a written order dated October 20, 2017. [Dkt. 62] The Court found 4 that Defendants did not violate Plaintiffs’ constitutional, statutory, or common law 5 rights as a matter of law. Accordingly, Defendants are entitled to summary 6 judgment on both the Eighth and Fourteenth Amendment Claims. The Order of the 7 Court granting the motion is incorporated herein by reference. 8 By reason of said ORDER, Defendants are entitled to judgment in their favor 9 and against Plaintiffs, TANYA TATE-COOK, as successor-in-interest of the Estate 10 of Troy Tate, decedent, and DAVID LEON TATE, SR., and SARAH L. TATE on 11 Plaintiffs’ Complaint. 12 Now, therefore, it is ORDERED, ADJUDGED AND DECREED that 13 Plaintiffs shall have and recover nothing by reason of each and all of the claims set 14 forth in their Complaint against Defendants. Defendants shall recover costs in 15 accordance with Local Rule 54(d). 16 17 Dated: 2/12/18 18 19 20 HON. PHILIP S. GUTIERREZ 21 22 23 24 25 26 27 28 -2-

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