Attebery et al v. Placer County et al

Filing 43

ORDER signed by Judge John A. Mendez on 7/8/09 DENYING 33 Motion for Reconsideration. (Engbretson, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs' Motion for Reconsideration (Docket at #33) of this Court's March 12, 2009 Order ("Order") is DENIED. Plaintiffs have ROBERT ATTEBERY AND STEVEN PROE, ) ) Plaintiffs, ) ) v. ) ) PLACER COUNTY; CITY OF ) ROSEVILLE; SUPERIOR COURT OF ) CALIFORNIA; and DOES 1-10, ) inclusive, ) ) Defendants. ) ) Case No. 2:08-CV-01778 JAM-JFM ORDER DENYING MOTION FOR RECONSIDERATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

failed to provide any evidence or legal cause which would warrant the Court's reconsideration of its Order. Plaintiffs simply want

this Court to change its decision but have not made the required showing to justify the Court doing so. Implicit in the Court's

Order was the finding that plaintiffs did not plead allegations against Defendant Superior Court of California ("Superior Court") sufficient to support federal claims for damages. No amendment can

change the undisputed fact that the Superior Court did not own, 1

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operate or control the physical aspects of the now-closed Placer County Courthouse where plaintiffs claim they were denied equal access to the Courthouse. Accordingly, the Court's prior Order

stands and plaintiffs' motion herein is DENIED. IT IS SO ORDERED. Dated: July 8, 2009. _____________________________ JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE

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