Belcher et al v. United States of America et al

Filing 29

ORDER signed by Judge Garland E. Burrell, Jr on 10/3/14 DENYING 17 Motion for Summary Judgment. (Meuleman, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 CALEB E. BELCHER AND CLB, by and through his guardian ad litem CALEB E. BELCHER, 13 Plaintiffs, 14 15 v. No. 2:13-CV-01699-GEB-KJN ORDER DENYING THE GOVERNMENT’S MOTION FOR SUMMARY JUDGMENT* UNITED STATES OF AMERICA, 16 Defendant. 17 18 The 19 Government’s pending motion, filed on July 28, 20 2014, (ECF No. 17), is denied because a disputed factual issue 21 exists concerning whether the driver of the vehicle involved with 22 the accident in which the child, CLB, was injured violated any 23 duty of ordinary care owed to CLB. 24 Dated: October 3, 2014 25 26 27 * 28 The hearing on October 6, 2014, is vacated since this matter is suitable for decision without oral argument. E.D. Cal. R. 230(g). 1

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