Bank of Stockton v. Verizon Communications Inc

Filing 41

ORDER signed by Judge John A. Mendez on 4/6/09 ORDERING the Court, having considered the papers and arguments submitted in support of and in opposition to the motion, hereby GRANTS the motion for summary judgment as to all claims alleged in the Compl aint, for the reasons stated by the Court on the record at the hearing. The Court finds that Plaintiff has failed to carry its burden under FRCP 56 and Celotex Corp. v. Catrett, 477 U.S. 317 (1986), of submitting admissible evidence creating a genuine issue of material fact as to the existence of actual damages, an essential element of all the claims allegedin the Complaint. Final judgment for Defendant is hereby ENTERED. Civil Case Terminated. CASE CLOSED. (Becknal, R)

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MUNGER, TOLLES & OLSON LLP Henry Weissmann (SB# 132418) James C. Rutten (SB# 201791) Jeremy S. Kroger (SB# 258956) 355 South Grand Avenue, 35th Floor Los Angeles, California 90071-1560 [phone]; [phone] (fax) Attorneys for Defendant VERIZON COMMUNICATIONS INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BANK OF STOCKTON, CASE NO. 2:08-CV-02257-JAM-GGH ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND ENTERING FINAL JUDGMENT

11 Plaintiff, 12 vs. 13 VERIZON COMMUNICATIONS INC., 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28

[ P R O P O S E D ] ORDER GRANTING MOT. FOR SUMM. JUDGMENT AND ENTERING FINAL JUDGMENT

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On March 25, 2009, Defendant Verizon Communications Inc.'s Motion for Summary Judgment, or in the Alternative, To Dismiss Certain Claims and To Stay Others came on for hearing in the above-captioned Court, the Honorable John A. Mendez presiding. The Court, having considered the papers and arguments submitted in support of and in opposition to the motion, hereby GRANTS the motion for summary judgment as to all claims alleged in the Complaint, for the reasons stated by the Court on the record at the hearing. The Court finds that
Plaintiff has failed to carry its burden under Federal Rule of Civil Procedure 56 and Celotex Corp.

v. Catrett, 477 U.S. 317 (1986), of submitting admissible evidence creating a genuine issue of material fact as to the existence of actual damages, an essential element of all the claims alleged

10 in the Complaint. Final judgment for Defendant is hereby ENTERED. 11 12 IT IS SO ORDERED: 13 Dated: 4/6/2009 14 15 16 Submitted by: 17 MUNGER, TOLLES & OLSON LLP 18 19 20 Attorneys for Defendant Verizon 21 Communications Inc. 22 23 Approved as to form by: 24 LAW OFFICES OF WILLIAM W. PALMER 25 By: /s/ William W. Palmer William W. Palmer 26 Attorneys for Plaintiff Bank of 27 Stockton 28 By: /s/ James C. Rutten James C. Rutten /s/ John A. Mendez The Honorable John A. Mendez United States District Court Judge

-1[ P R O P O S E D ] ORDER GRANTING MOT. FOR SUMM. JUDGMENT AND ENTERING FINAL JUDGMENT