Rodriguez v. City of Fresno et al

Filing 99

**STRICKEN PER ORDER 101 ** ORDER Correcting Clerical Error Nunc Pro Tunc Re: Order on Defendants' Motion for Summary Judgment OR Summary Adjudication, signed by Chief Judge Anthony W. Ishii on 5/25/11. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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CITY OF FRESNO, JERRY DYER
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ROBERT CHAVEZ, and DOES 1 to 20, )
inclusive,
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Defendants.
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____________________________________ )
GABRIELLE RODRIGUEZ,

CV F 09- CV - 1176 AWI MJS
ORDER CORRECTING
CLERICAL ERROR NUNC
PRO TUNC RE: ORDER ON
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT OR
SUMMARY ADJUDICATION
Correcting Document # 96

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In this action, the court granted Defendants’ motion for summary judgment by order
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filed on May 16, 2011 (the “May 16 Order”). In the May 16 Order, the court intended to
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grant judgment in favor of Plaintiff as to Plaintiff’s first, second, fifth and sixth claims for
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relief. As to Plaintiff’s remaining claims for relief numbered third, fourth, seventh and
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eighth, the court declined to exercise supplementary jurisdiction and intended to dismiss
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these claims without prejudice. The parties have pointed out that clerical errors were entered
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into the court’s orders at items numbered 5 and 6 on page 22 of the court’s May 16 Order.
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THEREFORE, pursuant to Rule 60(a) of the Federal Rules of Civil Procedure, the
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court hereby ORDERS that the court’s May 16 Order is hereby CORRECTED NUNC PRO

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TUNC as to the court’s orders numbered 5 and 6 on page 22 of Document Number 96 as

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follows:

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5.

Defendants’ motion for summary judgment as to Plaintiff’s fifth claim for relief for

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violation of section 51.7 of the California Civil Code is GRANTED. The clerk of the

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court shall ENTER JUDGMENT in favor of Defendants as to Plaintiff’s fifth claim

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for relief.

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6.

Defendants’ sixth claim for relief for violation of section 52.1 of the California Civil

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Code is hereby GRANTED. The Clerk of the Court shall ENTER JUDGMENT in

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favor of Defendants’ as to Plaintiff’s sixth claim for relief.

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7.

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without prejudice.
8.

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Plaintiff’s third, fourth, seventh and eighth claim for relief are hereby DISMISSED

The Clerk of the Court shall CORRECT the Order of Judgment consistent with the
above corrections.

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The Clerk of the Court shall CLOSE THE CASE.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 25, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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