Azevedo v. City of Fresno et al

Filing 65

ORDER CORRECTING NUNC PRO TUNC 61 Order on Cross Motions for Summary Judgment, signed by Chief Judge Anthony W. Ishii on 6/17/2010. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 On June 9, 2010, the Court issued an order on the parties' cross motions for summary 14 judgment. On the first page of the order, the Court stated that it would grant Azevedo a 15 permissive inference instruction due to spoliation. See Court's Docket Doc. No. 61 at p.1:27-28. 16 However, the analysis portion and final order sections state that Azevedo may file a motion in 17 limine regarding a rebuttable inference, it does not grant the inference. See id. at pp. 43:11-15, 18 45. To clarify, the Court has not decided to grant an evidentiary inference. That issue may be 19 raised through motions in limine, as the analysis portions of the order make clear. To avoid 20 confusion and remedy its mistake, the Court will correct the cross summary judgments order. 21 Accordingly, IT IS HEREBY ORDERED that the Court's June 9, 2010, order (Doc. No. 22 61) is CORRECTED NUNC PRO TUNC in that, on page 1 from lines 27 to 28, the phrase "and 23 grant Azevedo a permissive inference jury instruction based on spoliation of evidence by the 24 City" is STRICKEN. 25 26 27 28 IT IS SO ORDERED. Dated: 0m8i78 June 17, 2010 CHIEF UNITED STATES DISTRICT JUDGE ) ) Plaintiff, ) v. ) ) CITY OF FRESNO, et. al., ) ) Defendants. ) ____________________________________) LAWRENCE AZEVEDO, 1:09-cv-375 AWI DLB ORDER CORRECTING NUNC PRO TUNC ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Doc. No. 61) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA