Parque v. Fort Sage Unified School District et al

Filing 54

ORDER signed by District Judge Morrison C. England, Jr. on 10/13/2017 GRANTING 45 Motion for Reconsideration. The Court orders that the 43 Judgment is SET ASIDE and the 42 Order corrected to the extent it mistakenly reflects that Plaintiff's second, fifth, and sixth causes of action wereat the timethe only remaining claims. CASE REOPENED. (Zignago, K.)

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1 2 3 4 5 6 7 8 9 10 T. JAMES FISHER (SBN 064079) 1721 Court Street P.O. Box 990460 Redding, CA 96099-0460 Telephone (530) 244-0909 Fax (530) 244-0923 fisherlawoffice@sbcglobal.net ANTHONY J. POIDMORE (SBN 51346) Arnold Law Firm 865 Howe Avenue Sacramento, CA 95825 Telephone No. (916)777-7777 Fax No. (916) 924-1829 Attorneys for Plaintiff, NANCY PARQUE 11 12 IN THE UNITED STATES DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 NANCY PARQUE, 16 17 18 19 20 Plaintiff, vs. THE FORT SAGE UNIFIED SCHOOL DISTRICT, et al. Defendant. 21 22 23 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-00044-MCE-CMK ORDER RE: PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR RECONSIDERATION AND/OR RELIEF FROM JUDGMENT OR ORDER RE: MOTION FOR SUMMARY JUDGMENT HEARING DATE: 10/19/17 TIME: 2:00 P.M. COURTROOM: 7 JUDGE: MORRISON C. ENGLAND COMPLAINT FILED: 01/07/15 The Court has reviewed Plaintiff’s motion for reconsideration, ECF No. 45, Defendants’ 24 statement of nonopposition thereto, ECF No. 52, and the file in its entirety. Good cause 25 appearing and to correct a clerical mistake, it is ordered that Plaintiff’s Motion for 26 Reconsideration and/or Relief from Judgment or Order Re: Motion for Summary Judgment (ECF 27 No. 45) is GRANTED as follows: 28 ORDER RE: PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR RECONSIDERATION AND/OR RELIEF FROM JUDGMENT OR ORDER RE: MOTION FOR SUMMARY JUDGMENT 1 1 The Court hereby reconsiders its Memorandum and Order directing that Judgment be 2 entered in favor of Defendants. The Court orders that the Judgment at ECF No. 43 be SET 3 ASIDE and the Order at ECF No. 42 corrected to the extent it mistakenly reflects that Plaintiff’s 4 second, fifth, and sixth causes of action were—at the time—the only remaining claims. Because 5 the first cause of action as against the Fort Sage Unified School District was and still is viable, 6 the Court hereby reinstates the action to be tried as to that first cause of action against the Fort 7 Sage Unified School District. The Court’s Order at ECF No. 42, is otherwise unaffected by this 8 Order. 9 Further, the Court hereby restores the previously assigned dates and deadlines. The 10 parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after the 11 date of electronic filing of this Order. 12 IT IS SO ORDERED. 13 Dated: October 13, 2017 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE: PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR RECONSIDERATION AND/OR RELIEF FROM JUDGMENT OR ORDER RE: MOTION FOR SUMMARY JUDGMENT 2

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