Maria Cornejo et al v. City of Colton et al

Filing 32

ORDER GRANTING SUMMARY JUDGMENT as to Plaintiff Marcos Cornejo Macias ONLY by Judge Virginia A. Phillips: The Court construes Plaintiffs' decision not tooppose the Motion as voluntary dismissal of the unopposed claims with prejudice pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure and Local Rule 7-12. Accordingly, the Court GRANTS the Motion for SummaryJudgment and/or Summary Adjudication as to Plaintiff Marcos Cornejo Macias. (ad)

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1 2 3 4 5 6 7 8 9 10 11 MARIA CORNEJO, ) individually and as ) 12 Successor in Interest to ) ANTONIO CORNEJO, ) 13 DECEASED; EFRAIN CORNEJO ) MACIAS, individually; ) 14 NANCY BERMUDEZ, ) individually; ALEJANDRA ) 15 HERRERA, individually; ) MARCOS CORNEJO MACIAS; ) 16 individually; MARIA ) REYNOSO, individually, ) 17 and THE ESTATE OF ) ANTONIO CORNEJO, ) 18 ) Plaintiff, ) 19 ) v. ) 20 ) CITY OF COLTON, a ) 21 municipal entity; Eugene ) Gouldeman; and DOES 1 ) 22 through 10, inclusive, ) ) 23 Defendants. ) ________________________ ) 24 25 Case No. EDCV 08-01844-VAP (RCx) [Motion filed on January 6, 2010] ORDER GRANTING SUMMARY JUDGMENT AS TO PLAINTIFF MARCOS CORNEJO MACIAS ONLY UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA On January 6, 2010, Defendants filed a Motion for 26 Summary Judgment and/or Summary Adjudication ("Motion") 27 as to Plaintiff Marcos Cornejo Macias. On January 7, 28 2010, Plaintiffs filed a Notice of Non-Opposition to the 1 Motion ("Notice of Non-Opp'n"), stating "all Plaintiffs 2 will not oppose" Defendant's Motion for Summary Judgment 3 as to Plaintiff Marcos Cornejo Macias. 4 Non-Opp'n at 1.) 5 Reply. 6 7 The Court construes Plaintiffs' decision not to 8 oppose the Motion as voluntary dismissal of the unopposed 9 claims with prejudice pursuant to Rule 41(a)(1) of the 10 Federal Rules of Civil Procedure and Local Rule 7-12. 11 12 Accordingly, the Court GRANTS the Motion for Summary 13 Judgment and/or Summary Adjudication as to Plaintiff 14 Marcos Cornejo Macias. 15 16 17 Dated: 18 19 20 21 22 23 24 25 26 27 28 2 (Notice of On February 2, 2010, Defendants filed a February 4, 2010 VIRGINIA A. PHILLIPS United States District Judge

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