Christine Murray v. County of Orange et al

Filing 133

JUDGMENT by Judge James V. Selna, It is therefore now ORDERED, ADJUDGED, and DECREED that judgment is entered in this action as follows: 1. Plaintiff Christine Murray shall recover nothing against Defendants; 2. Defendants shall have judgment in the ir favor on all of Plaintiff's causes of action; and 3. Defendants shall recover from Plaintiff their costs of suit in accordance with applicable law; and 4. This matter shall be, and hereby is, dismissed as to Defendants County of Orange, Orange County Sheriffs Department, Sandra Hutchens, John Scott, and Michael Hillmann with prejudice. (MD JS-6, Case Terminated). (rla)

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1 NORMAN J. WATKINS, ESQ. – SBN#87327 nwatkins@lynberg.com JS-6 2 S. FRANK HARRELL, ESQ. – SBN#133437 sharrell@lynberg.com 3 ALEXANDRU D. MIHAI, ESQ. – SBN#251770 amihai@lynberg.com 4 LYNBERG & WATKINS, APC A Professional Corporation 5 1100 Town & Country Road, Suite 1450 Orange, California 92868 6 (714) 937-1010 Telephone (714) 937-1003 Facsimile 7 Attorneys for Defendants 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 CASE NO. 8:10-CV-1675 JVS (MLGx) CHRISTINE MURRAY, Assigned for All Purposes to the Hon. James V. Selna 13 Plaintiff, 14 JUDGMENT FOR DEFENDANTS vs. 15 COUNTY OF ORANGE, a municipal 16 corporation, 17 Defendant. 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 [PROPOSED] JUDGMENT 1 2 JUDGMENT OF DISMISSAL On July 30, 2012, the Court granted Summary Adjudication and ordered that 3 individual Defendants Sandra Hutchens, John Scott, and Michael Hillman were 4 entitled to qualified immunity with respect to Plaintiff Christine Murray’s 5 (“Plaintiff’s”) First Cause of Action for violation of the First Amendment under 42 6 U.S.C. § 1983. (See, Docket No. 69). 7 On August 27, 2012, Plaintiff voluntarily dismissed her Third Cause of 8 Action for “FEHA gender discrimination – Gov’t Code § 12940(a)”. (See, Docket 9 No. 74). 10 On September 21, 2012 the Court granted Summary Adjudication and 11 dismissed Plaintiff’s Eighth Cause of Action for violation of the “Public Safety 12 Officers Procedural Bill of Rights Act – Gov’t Code § 3300 et seq.” (”POBRA”). 13 (See, Docket No. 77). 14 On October 10, 2012, Plaintiff voluntarily dismissed her Seventh Claim for 15 “Retaliation – Gov’t Code § 53298”. (See, Docket No. 82). 16 On October 31, 2012 the Court dismissed Plaintiff’s Ninth Cause of Action 17 for “Petition for Writ of Mandate – Cal. Code Civ. Proc. § 1085 and/or Breach of 18 Contact” without prejudice to re-filing in Superior Court. (See, Docket No. 78). 19 On December 19, 2012 the Court granted Summary Adjudication and 20 dismissed Plaintiff’s Second, Fourth, and Fifth Causes of Action for disability 21 discrimination under the Fair Employment and Housing Act (“FEHA”) and 22 Plaintiff’s Sixth Cause of Action for “Retaliation – Labor Code § 1102.5”. (See, 23 Docket No. 89). 24 On March 6, 2013, Plaintiff’s First Cause of Action for violation of 25 Plaintiff’s First Amendment Rights under 42 U.S.C. § 1983 against Defendant 26 County of Orange came on regularly for a bench trial in Courtroom 10C of the 27 above-captioned Court, the Honorable James V. Selna, presiding. Plaintiff 28 Christine Murray, appeared by attorney Christopher Gaspard. Defendant County of 2 [PROPOSED] JUDGMENT 1 Orange, appeared by attorneys Norman J. Watkins and S. Frank Harrell. After 2 hearing the admissible evidence and following due consideration of the matter, the 3 Court entered a verdict in favor of Defendant County of Orange on March 6, 2013. 4 All claims by Plaintiff against all Defendants having been dismissed, and 5 good cause appearing therefor, 6 It is therefore now ORDERED, ADJUDGED, and DECREED that 7 judgment is entered in this action as follows: 8 1. Plaintiff Christine Murray shall recover nothing against Defendants; 9 2. Defendants shall have judgment in their favor on all of Plaintiff’s 10 causes of action; and 11 3. Defendants shall recover from Plaintiff their costs of suit in accordance 12 with applicable law; and 13 4. This matter shall be, and hereby is, dismissed as to Defendants County 14 of Orange, Orange County Sheriff’s Department, Sandra Hutchens, John Scott, and 15 Michael Hillmann with prejudice. 16 IT IS SO ORDERED. 17 18 Dated: _March 25, 2013 ________________ 19 20 21 By: HON. JAMES V. SELNA United States District Judge 22 23 24 25 26 27 28 3 [PROPOSED] JUDGMENT

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