Phillips v. Fremont-Rideout Health Group
Filing
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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.)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 BEATRICE PHILLIPS,
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Plaintiff,
vs.
FREMONT-RIDEOUT HEALTH GROUP,
Defendant.
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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.
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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
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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
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6 and other matters presented to the Court,
IT IS HEREBY ORDERED that defendant’s motion is GRANTED as to plaintiff’s first
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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
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11 count for violation of California’s Unruh Civil Rights Act (California Civil Code sections 51 et
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IT IS FURTHER ORDERED that the Court in its discretion will retain supplemental
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14 jurisdiction over plaintiff’s state Unruh Civil Rights Act claim.
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16 Dated: March 1, 2017
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/s/ John A. Mendez_____________
Hon. John A. Mendez
United States District Court Judge
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CAROTHERS DiSANTE &
FREUDENBERGER LLP
1777072
[PROPOSED] ORDER GRANTING
DEFENDANT FREMONT-RIDEOUT HEALTH
GROUP’S MOTION FOR SUMMARY
JUDGMENT
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