Phillips v. Fremont-Rideout Health Group

Filing 37

ORDER signed by District Judge John A. Mendez on 3/1/2017 GRANTING IN PART and DENYING IN PART Fremont-Rideout Health Group's 24 Motion for Summary Judgment. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 BEATRICE PHILLIPS,
12
13
14
15
16
17

Plaintiff,
vs.
FREMONT-RIDEOUT HEALTH GROUP,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:15-cv-00955-JAM EFB
Assigned for All Purposes To:
Judge: John A. Mendez
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANT
FREMONT-RIDEOUT HEALTH
GROUP’S MOTION FOR SUMMARY
JUDGMENT
Date: February 21, 2017
Time: 1:30 P.M.

18
19
20
21
22
23
24
25
26
27
28
CAROTHERS DiSANTE &
FREUDENBERGER LLP

[PROPOSED] ORDER GRANTING
DEFENDANT FREMONT-RIDEOUT HEALTH
GROUP’S MOTION FOR SUMMARY
JUDGMENT

The motion of defendant Fremont-Rideout Health Group for summary judgment came on

1

2 regularly for hearing before this Court on February 21, 2017. Anthony M. Bettencourt appeared as
3 attorney for plaintiff Beatrice Phillips; Mark H. Van Brussel appeared as attorney for defendant and
4 moving party Fremont-Rideout Health Group.
After considering the moving and opposition papers, arguments of counsel and all evidence

5

6 and other matters presented to the Court,
IT IS HEREBY ORDERED that defendant’s motion is GRANTED as to plaintiff’s first

7

8 count for violation of Title III of the Americans With Disabilities Act, 42 U.S.C. § 12182(a), on
9 jurisdictional grounds.
IT IS FURTHER ORDERED that defendant’s motion is DENIED as to plaintiff’s second

10

11 count for violation of California’s Unruh Civil Rights Act (California Civil Code sections 51 et
12 seq.).
IT IS FURTHER ORDERED that the Court in its discretion will retain supplemental

13

14 jurisdiction over plaintiff’s state Unruh Civil Rights Act claim.
15
16 Dated: March 1, 2017
17

/s/ John A. Mendez_____________
Hon. John A. Mendez
United States District Court Judge

18
19
20
21
22
23
24
25
26
27
28
2
CAROTHERS DiSANTE &
FREUDENBERGER LLP

1777072

[PROPOSED] ORDER GRANTING
DEFENDANT FREMONT-RIDEOUT HEALTH
GROUP’S MOTION FOR SUMMARY
JUDGMENT