Morayon Simmons v. City of Los Angeles et al

Filing 58

JUDGMENT FOR DEFENDANT LAPD' S MOTION FOR SUMMARY JUDGMENT by Judge R. Gary Klausner, The Court granted the LAPD's motion for Summary Judgment as to all remaining claims 25 . Accordingly, Judgment is hereby entered in favor of the Los Ange les Police Department and against the Plaintiff. As the prevailing party, Defendant Los Angeles Police Department, may now seek recovering of its costs and if it so elects, meet and confer with Plaintiff's counsel, regarding a Motion for Attorne ys' fees pursuant to Local Rule 7-3 and 42 USC Section 1988. Accordingly, the Pre-Trial Conference scheduled for 11/22/2021 and Trial currently scheduled for 12/7/2021, are hereby VACATED. Related to: Order Granting Motion for Summary Judgment 56 . (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 MORAYON SIMMONS, an individual,
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Hon. Gary R. Klausner, Roybal, Crtrm 850
Hon. Charles F. Eick, Roybal, Crtrm 750

Plaintiff,

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CASE No. 2:20-CV-10779-RGK-E

[PROPOSED] JUDGMENT FOR
DEFENDANT LAPD’S MOTION
FOR SUMMARY JUDGMENT

vs.

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CITY OF LOS ANGELES, a municipal
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Defendant.

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On September 22, 2021, Defendant Los Angeles Police Department filed its

21 Motion for Summary Judgment, or in the alternative, Motion for Partial Summary
22 Judgment. Plaintiff opposed the Motion. Defendant filed a timely Reply to
23 Plaintiff’s Opposition. The matter was taken under submission prior to the scheduled
24 October 25, 2021 hearing date. Pursuant to the parties’ stipulation, this Court
25 previously dismissed the state law claims for malicious prosecution and negligence, as
26 well as the references to the Fifth and Eighth Amendments.
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On November 17, 2021, this Court granted the LAPD’s Motion for Summary

28 Judgment in its entirety. In doing so, the Court dismissed, without prejudice, the City
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1 of Los Angeles, County of Los Angeles and Jonathan Kincaid as a result of Plaintiff’s
2 failure to timely serve them.
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The Court granted the LAPD’s motion for Summary Judgment as to all remaining

4 claims. Accordingly, Judgment is hereby entered in favor of the Los Angeles Police
5 Department and against the Plaintiff. As the prevailing party, Defendant Los Angeles
6 Police Department, may now seek recovering of its costs and if it so elects, meet and
7 confer with Plaintiff’s counsel, regarding a Motion for Attorneys’ fees pursuant to
8 Local Rule 7-3 and 42 U.S.C. Section 1988.
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Accordingly, the Pre-Trial Conference scheduled for November 22, 2021 and Trial

10 currently scheduled for December 7, 2021, are hereby VACATED.
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13 IT IS SO ORDERED:
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15 DATED: November 17, 2021
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HONORABLE GARY R. KLAUSNER
UNITED STATES DISTRICT COURT JUDGE

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