Andrews v. Pride Industries et al
Filing
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ORDER signed by District Judge Kimberly J. Mueller on 1/10/2017 ORDERING defendants' 97 motion for reconsideration is GRANTED to the extent thecourt will correct a factual finding in its order on summary judgment; Defendants' motion is otherwise DENIED; Plaintiff's 100 motion for reconsideration is DENIED; the bench trial on federal enclave status will take place on 3/17/2017, with a joint statement due by 3/3/2017. (Reader, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NAPOLEON ANDREWS,
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Plaintiff,
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v.
No. 2:14-cv-02154-KJM-AC
ORDER
PRIDE INDUSTRIES, et al.,
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Defendants.
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On September 30, 2016, this court granted in part and denied in part defendants’
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motion for summary judgment. This matter is before the court on plaintiff’s and defendants’
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motions for reconsideration. Both parties also request a certificate of appealability. The matters
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were submitted after a hearing on December 2, 2016, at which Andrea Rosa appeared for plaintiff
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and David Daniels appeared for defendants. As explained below, the court GRANTS IN PART
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defendants’ motion for reconsideration, and DENIES plaintiff’s motion for reconsideration.
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Additionally, the court declines to issue a certificate of appealability to either party.
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I.
BACKGROUND
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Federal Enclave Doctrine Issue
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1.
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In a motion to dismiss, defendants contended the federal enclave doctrine barred
Motion to Dismiss
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Mr. Andrews’ state law claims because the issues giving rise to his suit occurred on Travis Air
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Force Base (Travis AFB). Defs.’ Mot. Dismiss at 5–7, ECF No. 6. In this court’s order on
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defendants’ motion, the court accepted that the land officially designated as Travis AFB qualified
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for federal enclave status. Order on Mot. Dismiss at 7, ECF No. 18. The court, however, did not
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conclude the federal enclave doctrine precluded Mr. Andrews’ state law claims because the
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record did not make clear whether the events giving rise to the claims occurred on Travis AFB
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land. Id. In particular, the court found, “[w]hile some tracts of land at or around Travis may be
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subject to exclusive federal jurisdiction, some may not be.” Id. (citing Paul v. United States, 371
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U.S. 245, 269 (1963) (because Travis AFB had numerous units acquired at various times, it was
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not clear whether land at issue was subject to exclusive federal jurisdiction) (internal citations
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omitted). The court concluded it lacked sufficient facts to “determine whether the events
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underlying this action occurred on a federal enclave so as to the support the exercise of
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jurisdiction.” Id. at 8.
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The court thus also concluded defendants had not met their burden of establishing
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the events underlying this case occurred on federal enclave land. Id. Defendants’ motion to
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dismiss was denied, and the court granted plaintiff’s request for jurisdictional discovery “limited
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to determining where exactly at or around Travis the events underlying this action occurred and
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whether those locations are areas over which the United States has exclusive jurisdiction.”
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Id. at 9.
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2.
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In their motion for summary judgment, defendants again argued the federal
Motion for Summary Judgment
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enclave doctrine barred Mr. Andrews’ state law claims because the events giving rise to this suit
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occurred on Travis AFB. Defs.’ Mot. Summ. J. at 26, ECF No. 66. In support of their motion,
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defendants presented in a table format the following purportedly undisputed facts, which Mr.
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Andrews did not dispute: (1) PRIDE is a federal contractor that performs contracted service on
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Travis Air Force Base and (2) Plaintiff worked for PRIDE at Travis Air Force Base. Defs.’ UMF
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Nos. 1, 2, ECF No. 80-5. In the table, in fact, plaintiff’s counsel apparently entered the word
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“Admit” next to these facts. Id. Based on this portion of the record, defendants contended the
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federal enclave doctrine barred Mr. Andrews’ state law claims. Defs.’ Mot. Summ. J. at 26. Mr.
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Andrews argued the federal enclave doctrine did not apply because “questions remain about
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whether [Travis AFB] is all on federal lands.” Pl.’s Opp’n at 16, ECF No. 80.
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In its order resolving defendants’ summary judgment motion, the court concluded
the doctrine did not apply because “the events in question occurred at David Grant Medical
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Center, a later-acquired tract either on or near Travis AFB, [and the court] could not say at that
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point whether defendants’ alleged conduct took place on a federal enclave.” Order Mot. Summ.
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J. (MSJ Order) at 12, ECF No. 95. The court noted even after the parties had an opportunity to
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engage in full discovery, neither party presented evidence showing conclusively that events
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giving rise to Mr. Andrews’ case occurred on federal enclave land. Id. at 12. In the absence of
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such evidence, the court concluded it could not grant summary judgment to the defense. Id.
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B.
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Disability Discrimination Issue
Also in its order resolving defendants’ motion, the court concluded Mr. Andrews’
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FEHA disability discrimination claims for failure to accommodate and failure to engage in the
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interactive process were barred by FEHA’s one-year statute of limitations. MSJ Order at 13.
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Accordingly, the court did not consider whether Mr. Andrews’ claims for disability
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discrimination could support his claim for wrongful termination in violation of public policy. See
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id. at 24.
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II.
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LEGAL STANDARDS
“A motion for reconsideration should not be granted, absent highly unusual
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circumstances, unless the district court is presented with newly discovered evidence, committed
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clear error, or if there is an intervening change in the controlling law.” Marlyn Nutraceuticals,
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Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009) (internal quotations marks
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and citations omitted). “A party seeking reconsideration must show more than a disagreement
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with the Court’s decision, and recapitulation . . .” of that which was already considered by the
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Court in rendering its decision. United States v. Westlands Water Dist., 134 F. Supp.2d 1111,
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1131 (E.D. Cal. 2001). To succeed, a party must set forth facts or law of a strongly convincing
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nature to induce the court to reverse its prior decision. See Kern–Tulare Water Dist. v. City of
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Bakersfield, 634 F. Supp. 656, 665 (E.D. Cal. 1986), aff’d in part and rev’d in part on other
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grounds, 828 F.2d 514 (9th Cir. 1987); see also E.D. Cal. L.R. 230(j) (when filing a motion for
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reconsideration, a party must show “what new or different facts or circumstances are claimed to
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exist which did not exist or were not shown upon such prior motion, or what other grounds exist
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for the motion.”).
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Where there is an error in the underlying order, only a failure to correct “clear
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error” constitutes an abuse of discretion. See McDowell v. Calderon, 197 F.3d 1253, 1255 (9th
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Cir. 1999) (district court did not abuse its discretion in denying reconsideration where question
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whether it could enter protective order in habeas action limiting Attorney General’s use of
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documents from trial counsel’s file was debatable). “Clear error” occurs when “the reviewing
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court on the entire record is left with the definite and firm conviction that a mistake has been
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committed.” Smith v. Clark Cty. Sch. Dist., 727 F.3d 950, 955 (9th Cir. 2013). The Ninth Circuit
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has held it is not an abuse of discretion to deny a motion for reconsideration merely because the
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underlying order is “erroneous,” rather than “clearly erroneous.” McDowell, 197 F.3d at
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1255 n.4.
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III.
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DISCUSSION
A.
Defendants’ Request for Reconsideration
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Here, defendants request the court grant its motion, contending: (1) there are errors
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of fact upon which the summary judgment order is based, and (2) because the undisputed material
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facts establish the events underlying the suit occurred on a federal enclave, the federal enclave
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doctrine applies, and any state law claims are barred. Defs.’ Mot. Recons. at 5–6, ECF No. 97. In
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particular, defendants contend no evidence in the record supported the conclusion the events
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giving rise to Mr. Andrews’ claims occurred at David Grant Medical Center. Id. at 4.
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Defendants’ motion is GRANTED to the extent the court will issue an amended
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order correcting its factual error. The court’s order on summary judgment did mistakenly state
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the events giving rise to Mr. Andrews’ claims took place at David Grant Medical Center. Instead,
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the court should have noted that nothing in the record clarified whether the events giving rise to
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Mr. Andrews’ claims occurred on a federal enclave.
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The court concludes it did not otherwise commit “clear error” in resolving
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defendants’ motion for summary judgment. See McDowell, 197 F.3d at 1256. Defendants have
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submitted no real evidence establishing one way or another where the events underlying this suit
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occurred, and accordingly, whether such events occurred on federal enclave land. At hearing,
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defense counsel conceded that his position was based solely on plaintiff’s counsel recordation of
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the word “Admit” in response to defendants’ first two undisputed facts. Given the totality of the
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record, the court is not prepared to resolve a critical legal question based on this bare appearance
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of an admission. Accordingly, the record supports the court’s prior conclusion that the federal
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enclave question is unresolved. Defendants’ motion in this respect is DENIED.
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B.
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Defendants’ Request for Certificate of Appealability
At hearing, defendants agreed to a one-day bench proceeding to determine whether
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the claims giving rise to this suit occurred on a federal enclave, and the court confirmed a bench
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trial would be held. ECF No. 108. Accordingly, at this stage of the proceeding, there is no
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“substantial ground for difference of opinion.” Defendants’ request for a certificate of
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appealability is DENIED. See In re Cement Antitrust Litig. (MDL No. 296), 673 F.2d 1020, 1026
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(9th Cir. 1981) (to certify an appeal, the court must find “(1) that there be a controlling question
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of law, (2) that there be substantial grounds for difference of opinion, and (3) that an immediate
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appeal may materially advance the ultimate termination of the litigation.”).
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C.
Plaintiff’s Request for Reconsideration
As recounted above, the court previously granted PRIDE’s motion for summary
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judgment on Mr. Andrews’ disability discrimination claims based on failure to accommodate and
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failure to engage in the interactive process as time-barred. MSJ Order at 14–15. Accordingly, the
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court declined to consider whether Mr. Andrews’ disability discrimination claims could give rise
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to his wrongful termination in violation of public policy claim. Id. at 24. Mr. Andrews asks this
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court to reconsider this decision, contending his time-barred FEHA disability discrimination
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claims could give rise to his wrongful termination claim. Pl.’s Mot. Recons. at 4, ECF No. 101.
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Mr. Andrews has not presented newly discovered evidence, shown clear legal
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error, or shown an intervening change in state law. His counsel cites no case law establishing that
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a wrongful termination claim can be based on time-barred FEHA claims, and the court finds
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none. In light of the Ninth Circuit case of Department of Fair Employment & Housing v. Lucent
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Techs., Inc., 642 F.3d 728, 748 (9th Cir. 2011), the court concludes Mr. Andrews cannot raise a
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wrongful termination claim based on already dismissed disability discrimination claims. In
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Lucent Techs, the Ninth Circuit concluded although “disability discrimination can form the basis
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of a common law wrongful discharge claim,” the plaintiff could not prevail on a wrongful
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termination claim based on a dismissed FEHA disability discrimination claim. Id.
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Reconsideration is not warranted here and is therefore DENIED.
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D.
Plaintiff’s Request for Certificate of Appealability
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The court declines to issue a certificate of appealability here as well because
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Mr. Andrews merely disagrees with the court’s order, and has not shown there is substantial
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ground for difference of opinion on the issue of whether a wrongful termination of public policy
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claim can be based on time-barred FEHA disability claims.
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IV.
CONCLUSION
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In sum, defendants’ motion for reconsideration is GRANTED to the extent the
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court will correct a factual finding in its order on summary judgment. Defendants’ motion is
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otherwise DENIED. Plaintiff’s motion for reconsideration is DENIED.
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The bench trial on federal enclave status will take place on March 17, 2017, with
a joint statement due by March 3, 2017.
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This order resolves ECF Nos. 97 & 100.
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IT IS SO ORDERED.
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DATED: January 10, 2017.
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UNITED STATES DISTRICT JUDGE
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