Lewis v. City Of Fresno, et al.

Filing 117

ORDER GRANTING Motion for Summary Judgment (Docs. 74 , 105 ) in the Pierro Action on Behalf of Defendants City of Fresno, Jerry Dyer, Kirk Pool, Jason Jones and Brett Vestal [FRCP 56, Local Rule 56-260], Signed by Judge Oliver W. Wanger on 7/15/2011. (Arellano, S.)

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BETTS & RUBIN, A Professional Corporation
Attorneys at Law
907 Santa Fe Avenue, Suite 201
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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James B. Betts (State Bar #110222)
Joseph D. Rubin (State Bar #149920)

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Attorneys for Defendants CITY OF FRESNO, JERRY DYER, KIRK POOL, JASON
JONES, BRETT VESTAL

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GERALD MILLER, RON MANNING and
JONATHAN PIERRO,

) Case No. 1:08-CV-01062-OWW
)
)
ORDER GRANTING MOTION FOR
Plaintiff,
)
SUMMARY JUDGMENT IN THE
)
PIERRO ACTION ON BEHALF OF
v.
)
DEFENDANTS CITY OF FRESNO,
)
JERRY DYER, KIRK POOL, JASON
CITY OF FRESNO, a municipality; JERRY )
JONES AND BRETT VESTAL
DYER, individually; GREG GARNER,
)
[FRCP 56; Local Rule 56-260]
individually; ROGER ENMARK,
)
individually; PATRICK FARMER,
)
individually; ROBERT NEVAREZ,
)
individually; JOYCE VASQUEZ,
)
individually; JOHN CHANDLER,
)
individually; ERIC EIDE, individually;
)
MINDY MEDINA, individually; KIRK POOL, )
individually; TONY BUSTOS, individually; )
JASON JONES, individually; BRIAN
)
PHELPS, individually; STUART RIBA,
)
individually; BRETT VESTAL, individually, )
)
Defendants.
)
)

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The Motion for Summary Judgment, or in the Alternative, for Partial Summary

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Judgment filed by Defendants City of Fresno, Jerry Dyer, Kirk Pool, Jason Jones and

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Brett Vestal came on regularly for hearing on June 13, 2011. Defendants were

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represented by attorney Joseph D. Rubin. Plaintiff Jonathan Pierro was represented by

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attorney Rayma Church.

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////
Order re MSJ

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After considering the moving and opposition papers, the arguments of counsel

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and all other matters presented to the Court, and for the reasons set forth in the Court’s

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Memorandum of Decision (Doc. 105), referred to and incorporated herein by reference;

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IT IS ORDERED that the motion for summary judgment in the PIERRO matter by

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Defendants City of Fresno, Jerry Dyer, Kirk Pool, Jason Jones, and Brett Vestal is

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granted in its entirety.

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IT IS SO ORDERED.
Dated:
July 15, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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Order re MSJ