April Kittel v. City of Oxnard et al

Filing 157

MINUTES (IN CHAMBERS) ORDER ENTERING FINAL JUDGMENT IN LIGHT OF NINTH CIRCUIT MANDATE by Judge Michael W. Fitzgerald. In light of the Ninth Circuits mandate and memorandum, no claims remain in this action. Accordingly, the Court enters final judgment in favor of Defendants Blayne Liparoto and Advantage Physical Therapy, and against Plaintiff. (MD JS-6, Case Terminated). (iv)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES—GENERAL
Case No. CV 17-6709-MWF (GJSx)
Title:
April Kittel v. City of Oxnard, et al.

Date: February 9, 2021

Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER ENTERING FINAL JUDGMENT IN
LIGHT OF NINTH CIRCUIT MANDATE
On January 15, 2021, the Ninth Circuit issued an unpublished memorandum
affirming the Court’s grant of summary judgment in favor of the two remaining
defendants in this action, Defendants Blayne Liparoto and Advantage Physical
Therapy. (See Docket No. 155); (id. at 2 n.1) (explaining that Plaintiff filed the appeal
prematurely before final judgment had issued and while the claims against the City of
Oxnard and Sylvia Paniagua were still pending, but treating the Court’s grant of
summary judgment in favor of Defendants Blayne Liparoto and Advantage Physical
Therapy as the functional equivalent to a final judgment because all other claims had
since settled). The Ninth Circuit also affirmed the Court’s denial of Plaintiff’s request
for leave to file a third amended complaint, and the Court’s decision not to award
attorneys’ fees and costs. (See id.).
On February 8, 2021, the Ninth Circuit issued its formal mandate. (Docket No.
156). In light of the Ninth Circuit’s mandate and memorandum, no claims remain in
this action. Accordingly, the Court enters final judgment in favor of Defendants
Blayne Liparoto and Advantage Physical Therapy, and against Plaintiff.
This Order shall constitute notice of entry of judgment pursuant to Federal Rule
of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to
treat this order, and its entry on the docket, as an entry of judgment.
IT IS SO ORDERED.
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CIVIL MINUTES—GENERAL
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