Aaron Raiser v. Michael Treinen et al

Filing 92

ORDER ACCEPTING INTERIM REPORT AND RECOMMENDATIONS by Judge R. Gary Klausner for PLAINTIFF'S NOTICE OF MOTION AND MOTION for Summary Judgment 68 , 67 is DENIED. (sbu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. ED CV 15-00310 RGK (RAO)

AARON RAISER,

v.
MICHAEL SELNICK,
Defendant.

ORDER ACCEPTING INTERIM
REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE
JUDGE

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

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Complaint, all of the other records and files herein, and the Interim Report and

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Recommendation of United States Magistrate Judge (“Report”). Further, the Court

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engaged in a de novo review of those portions of the Report to which Plaintiff

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objected. The Court hereby accepts and adopts the findings, conclusions, and

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recommendations of the Magistrate Judge.

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Many of Plaintiff’s objections to the Report relate to the hearsay nature of

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evidence relied upon in the Report’s analysis. However, as explained in the Report,

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a court’s focus in ruling on a motion for summary judgment is the admissibility of

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facts and not the form in which they are presented for purposes of the motion. (See

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Dkt. No. 87 at 10-14 & n.5, 17-18.) The Report thus properly relied on the

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evidence discussed therein.

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IT IS ORDERED that Plaintiff’s motion for summary judgment (Dkt. Nos.
67, 68) is DENIED.

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DATED: May 23, 2017

___________________________________
R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE

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