Richard Vos et al v. City of Newport Beach et al

Filing 97

JUDGMENT by Judge James V. Selna: JUDGMENT is entered in favor of defendants City of Newport Beach, Officer Richard Henry, and Officer Nathan Farris, and against plaintiffs Richard Vos and Jenelle Bernacchi. The moving defendants shall recover their reasonable costs of suit herein as against plaintiffs. (MD JS-6, Case Terminated). (lwag)

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FERGUSON, PRAET & SHERMAN, APC
7580.033
PETER J. FERGUSON (SBN 108297)
[e-mail]
ALLEN CHRISTIANSEN (SBN 263651)
[e-mail]
1631 E. 18th Street
Santa Ana, California 92705
Tel:[phone] / Fax: [phone]
Counsel for Defendants City of Newport Beach, Richard Henry, and Nathan Farris

DANIEL P. BARER (SBN 150812)
POLLAK, VIDA & FISHER
7 11150 W. Olympic Boulevard, Suite 980
Los Angeles, California 90064-1839
8 Tel: [phone] / Fax: [phone]
Counsel for Defendants City of Newport Beach; Richard Henry, Nathan Farris, and
9 Dave Kresge
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
RICHARD VOS, individually and as
successor-in-interest to Gerrit Vos; and )
JENELLE BERNACCHI, individually )
and as successor-ininterest to Gerrit Vos, )
)
)
Plaintiffs,
)
)
vs.
)
)
CITY OF NEWPORT BEACH, a
government entity; RICHARD HENRY, )
NATHAN FARRIS; DAVID KRESGE; )
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and DOES 1 through 10, inclusive,
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Defendants.
)
)

CASE NO. 8:15-cv-00768 JVS-DFM
[Assigned to The Hon. James V. Selna]
Action Filed: May 15, 2015
JUDGMENT
[Fed. Rules of Civ. Proc., Rule 56; LR
56-1]
[Served and filed concurrently with
motion for summary judgment; statement
of uncontroverted facts and conclusions
of law; appendix of exhibits filed under
seal; and appendix of nonsealed exhibits]
Date: October 24, 2016
Time: 1:30 p.m.
Courtroom: 10C
Judge:
Honorable James V. Selna
Trial Date:
December 13, 2016
Action Filed: May 15, 2015

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The Motion for Summary Judgment by defendants City of Newport Beach,

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Officer Richard Henry, and Officer Nathan Farris (defendant Officer David Kresge

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having been previously dismissed by stipulation) came on for hearing by the Court

LAW OFFICES OF
POLLAK, VIDA
& FISHER

[PROPOSED] JUDGMENT; OR, ALTERNATIVELY, [PROPOSED] ORDER
GRANTING PARTIAL SUMMARY JUDGMENT

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on October 24, 2016. Based upon the papers filed in support of and in opposition to

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the motion, all matters properly part of the record, and the Statement of

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Uncontroverted Facts and Conclusions of Law,

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JUDGMENT is entered in favor of defendants City of Newport Beach,

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Officer Richard Henry, and Officer Nathan Farris, and against plaintiffs Richard

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Vos and Jenelle Bernacchi. The moving defendants shall recover their reasonable

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costs of suit herein as against plaintiffs.

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IT IS SO ORDERED.

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DATED: November 2, 2016

______________________________________
UNITED STATES DISTRICT JUDGE

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O:\ECF Ready\Vos - order granting MSJ-Final.HRG 10-24-16.wpd

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LAW OFFICES OF
POLLAK, VIDA
& FISHER

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[PROPOSED] JUDGMENT; OR, ALTERNATIVELY, [PROPOSED] ORDER
GRANTING PARTIAL SUMMARY JUDGMENT