Canas et al v. City of Sunnyvale et al

Filing 110

NOTICE of intended ruling on 100 Defendants' Motion for Summary Judgment. Signed by Judge Thelton E. Henderson on 08/09/12. (tehlc2, COURT STAFF) (Filed on 8/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ERIKA CANAS, et al.,

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Plaintiffs,

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For the Northern District of California

United States District Court

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v.
CITY OF SUNNYVALE, et al.,

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NO. C08-5771 TEH
NOTICE OF INTENDED
RULING ON DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT

Defendants.

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This matter came before the Court on July 23, 2012, on Defendants’ motion for

15 summary judgment. This notice is intended only to inform the parties of the Court’s intended
16 ruling on that motion. The Court issues this notice now to provide guidance to the parties as
17 they meet and confer and prepare the joint pretrial conference statement due on August 17,
18 2012.1 A final ruling will be forthcoming.
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The Court intends to rule as follows:

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1. The Court intends to DISMISS Plaintiffs’ Fourth Amendment claim based on

21 allegations of material misrepresentations made in support of the application for an arrest
22 warrant, by consent of the parties.
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2. The Court intends to DENY summary judgment on Plaintiffs’ remaining Fourth

24 Amendment claims.
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3. The Court intends to GRANT summary judgment on Plaintiffs’ Fourteenth

26 Amendment claims.
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If the Court modifies any of these intended rulings in its final order, it may request
that the parties submit a revised pretrial conference statement or may simply discuss the
28 impact of the Court’s ruling at the pretrial conference.

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4. The Court intends to DENY summary judgment on Plaintiffs’ state law negligence

2 claims.
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4 IT IS SO ORDERED.
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6 Dated: 08/09/12
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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