Shepherd v. Crawford et al

Filing 45

ORDER Granting In Part And Denying In Part Defendants City Of Modesto, Officers Garrett Crawford, Douglas Griepp, David Angarole, Todd Musto, Joseph Pimental, Tony Scopesi And Yair Oaxaca's Motion For Summary Judgment Or, In The Alternative, Summary Adjudication, signed by Judge Oliver W. Wanger on 4/3/2009. (Scrivner, E)

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Kimberly E. Colwell, Esq. (SBN: 127604) [e-mail] Kevin E. Gilbert, Esq. (SBN: 209236) [e-mail] MEYERS, NAVE, RIBACK, SILVER & WILSON 555 12th Street, Suite 1500 Oakland, CA 94607 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants CITY OF MODESTO, OFFICERS GARRETT CRAWFORD, DOUGLAS GRIEPP, DAVID ANGAROLE, TODD MUSTO, JOSEPH PIMENTAL, TONY SCOPESI and YAIR OAXACA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MARGARET A. SHEPHERD, Plaintiff, v. OFFICER GARRETT CRAWFORD, OFFICER D. GRIEPP, OFFICER DAVID ANGAROLE, OFFICER T. MUSTARO, OFFICER JOSEPH PIMENTAL, OFFICER SCOPESI, OFFICER YAIR OAXACA, DOE OFFICER ONE, DOE OFFICER TWO, DOE OFFICER THREE, DOE OFFICER FOUR, CITY OF MODESTO, THE COPPER RHINO, LLC, LESLIE R. KNOLL, GRIFFIN ALLEN DYE, and DOES 5-20, inclusive, Defendants. Case No: 1:08-CV-00128-OWW-DLB ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY OF MODESTO, OFFICERS GARRETT CRAWFORD, DOUGLAS GRIEPP, DAVID ANGAROLE, TODD MUSTO, JOSEPH PIMENTAL, TONY SCOPESI AND YAIR OAXACA'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION DATE: TIME: DEPT: JUDGE: March 23, 2009 10:00 am Courtroom 3, 7th Floor Hon. Oliver W. Wanger

DEFENDANTS CITY OF MODESTO, OFFICERS GARRETT CRAWFORD, DOUGLAS GRIEPP, DAVID ANGAROLE, TODD MUSTO, JOSEPH PIMENTAL, TONY SCOPESI AND YAIR OAXACA'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION came on regularly for hearing before this Court on March 23, 2009 at 10:00 a.m., in Courtroom 3 of the United States District Court, the Honorable Oliver W. Wanger presiding. James F. DeMartini appeared on behalf of Plaintiff. Kevin E. Gilbert appeared on behalf of Defendants.

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1 Order Granting/Denying Defs' Motion for Summary Judgment or, in the Alt, Summary Adjudication [08-00128 OWW]

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HAVING CONSIDERED the papers and arguments submitted by counsel, and good cause appearing, the Court issued its Memorandum Decision Re: Defendants' Motion for Summary Judgment on March 30, 2009, granting in part and denying in part said Motion. Pursuant thereto, the Court hereby Orders as follows: 1. The Motion for Summary Judgment filed by all Defendants as to the False Arrest Claim

as well as the Motion for Summary Judgment filed by Defendants Angarole and Musto are moot in light of the respective dismissals filed by Plaintiff on March 24, 2009. (See Dockets 39 and 40.) 2. The Motion for Summary Judgment is GRANTED as to all claims against Officers

Pimental, Scopesi and Oaxaca; 3. The Motion for Summary Judgment is DENIED as to Plaintiff's section 1983 claim

against the City of Modesto; and 4. The Motion for Summary Judgment is DENIED as to the section 1983 excessive force

claims against Sergeant Crawford and Officer Griepp. IT IS SO ORDERED. Dated: April 3, 2009 /s/ OLIVER W. WANGER Honorable Oliver W. Wanger APPROVED AS TO FORM. Dated: April 2, 2009 LAW OFFICES OF JAMES F. DEMARTINI

By:

/s/ James F. DeMartini James F. DeMartini Attorneys for Plaintiff MARGARET A. SHEPHERD

1217691_1

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2 Order Granting/Denying Defs' Motion for Summary Judgment or, in the Alt, Summary Adjudication [08-00128 OWW]