Martinez v. City of Clovis, et al.

Filing 104

PARTIAL JUDGMENT ISSUED by District Judge John A. Mendez on 12/5/17 in accordance with Federal Rule of Civil Procedure 54(b). Defendants Jesus Santillan, Ralph Salazar, Kristina Hershberger, Angela Yambupah, Fred Sanders, the City of Clovis, the C ity of Sanger, Channon High, Kim Pennington and Connie Pennington are DISMISSED with prejudice. The plaintiff's claims against Defendant Kyle Pennington have not been adjudicated and are not affected by this partial judgment. (Kastilahn, A)

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Kevin G. Little, SBN 149818
LAW OFFICE OF KEVIN G. LITTLE
Post Office Box 8656
Fresno, California 93747
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff Desiree Martinez

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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***

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DESIREE MARTINEZ,

No. 1:15-CV-00683-JAM-MJS

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Plaintiff,

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v.
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KYLE PENNINGTON; KIM PENNINGTON;
CONNIE PENNINGTON; KRISTINA
HERSHBERGER; JESUS SANTILLAN;
CHANNON HIGH; THE CITY OF CLOVIS;
ANGELA YAMBUPAH; RALPH SALAZAR;
FRED SANDERS; THE CITY OF SANGER;
DOES 1-20,

PARTIAL JUDGMENT ISSUED IN
ACCORDANCE WITH FEDERAL RULE
OF CIVIL PROCEDURE 54(b)

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Defendants.
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Based on the parties’ stipulation and the Court’s Order thereon, the Court hereby adjudges as

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follows:
1.

All plaintiff’s claims against defendants Jesus Santillan and Ralph Salazar are hereby

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dismissed with prejudice, with the parties bearing their respective attorney’s fees and expenses.
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2.

All plaintiff’s claims against defendants Kristina Hershberger, Angela Yambupah, Fred

Sanders, the City of Clovis and the City of Sanger are hereby dismissed with prejudice, and those
defendants may apply to seek fees and expenses in accordance with Federal Rule of Civil Procedure
PARTIAL JUDGMENT

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54(d) and as authorized by substantive law and the Rules of this Court.
3.

Plaintiff’s equalprotection claimagainst defendant Channon High is hereby dismissed with

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prejudice. Summary judgment as to plaintiff’s substantive due process claim against defendant High is
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hereby denied. The issues of costs and fees regarding plaintiff’s claims against defendant High are

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reserved pending their full and final disposition.

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4.

Plaintiff’s 42 U.S.C. § 1985(2) and state law negligence claims against defendants Kim

Pennington and Connie Pennington are hereby dismissed with prejudice. Summary judgment as to

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plaintiff’s claims against Kim and Connie Pennington alleging conspiracy to violate California Civil Code
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§§ 51.7, 52.4, 1708.5, 1708.6, and to also to commit state law battery is hereby denied. The issues of

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costs and fees regarding plaintiff’s claims against defendants Kim and Connie Pennington are reserved

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pending their full and final disposition.
5.

The plaintiff’s claims against defendant Kyle Pennington have not been adjudicated and

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are not affected by this partial judgment.
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6.

Pursuant to Federal Rule of Civil Procedure 54(b), there is no just cause for delay of

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the issuance of a partial judgment and permitting the affected parties to litigate an appeal thereof in

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the United States Court of Appeals for the Ninth Circuit.

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ADJUDGED, ORDERED AND DECREED.
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Date: 12/5/2017

/s/ John A. Mendez
John A. Mendez
United States District Court Judge

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PARTIAL JUDGMENT

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