Barber et al v. City of Santa Rosa et al

Filing 102

ORDER VACATING DECEMBER 3, 2010 HEARING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on 11/30/10. (mmclc2, COURT STAFF) (Filed on 11/30/2010)

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Barber et al v. City of Santa Rosa et al Doc. 102 1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants County of Sonoma and James M. Kennedy, M.D. were dismissed from this matter by orders filed October 22, 2010. Defendant Telecare Corporation has neither filed a dispositive motion nor joined in the City defendants' Motion. Additionally, James Geary of Hanson Bridgett was present on behalf of Telecare Corporation. 2 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court VALERIE BARBER and ROBERT HAMILTON, individually and as Successors in Interest for JESSE HAMILTON, deceased, Plaintiffs, v. CITY OF SANTA ROSA, et al., Defendants. / No. C-08-5649 MMC ORDER VACATING DECEMBER 3, 2010 HEARING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Before the Court is the Motion for Summary Judgment, filed August 30, 2010, by defendants City of Santa Rosa, Edwin Flint, Gregory Yaeger, Michael Heiser, and Gregg Ayer ("City defendants"),1 and currently scheduled for hearing on December 3, 2010. Plaintiffs Valerie Barber and Robert Hamilton have filed opposition, to which City defendants have filed a reply. The matter initially came on for hearing on October 8, 2010. J. Wynne Herron of Herron & Herron appeared on behalf of plaintiffs; Matthew LeBlanc of the City Attorney's Office appeared on behalf of the City defendants.2 Thereafter, with leave of Court, the parties filed supplemental briefing. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Having read and considered the papers filed in support of and in opposition to the motion, and having considered the arguments of counsel at the October 8, 2010 hearing, the Court deems the matter suitable for decision without further oral argument, and hereby VACATES the hearing scheduled for December 3, 2010. IT IS SO ORDERED. Dated: November 30, 2010 MAXINE M. CHESNEY United States District Judge 2

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