Cassano v. Johnson et al

Filing 67

ORDER GRANTING 57 MOTION FOR SUMMARY JUDGMENT; VACATING HEARING; AND REQUESTING STATUS REPORT.(whalc2, COURT STAFF) (Filed on 11/4/2014).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GARY CASSANO,
No. C 12-05144 WHA

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For the Northern District of California

United States District Court

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Plaintiff,
v.
ORDER GRANTING MOTION
FOR SUMMARY JUDGMENT;
VACATING HEARING; AND
REQUESTING STATUS REPORT

M. JOHNSON and W. ROGERS,
Defendants.
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This is a Section 1983 action alleging violations of plaintiff Gary Cassano’s Eighth

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Amendment rights. Cassano is a California state prison inmate who alleges that defendant M.

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Johnson, a non-incarcerated kitchen employee, kicked a steel kitchen door that hit Cassano in the

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head. Cassano further alleges that defendant W. Rogers, a supervising cook at Cassano’s

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correctional facility, failed to separate and protect him from Johnson.

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Now, Rogers seeks summary judgment on Cassano’s remaining claim as to him — that

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Rogers was deliberately indifferent to Cassano’s safety (Dkt. No. 57). In response, Cassano’s

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counsel have filed a statement of non-opposition: “Based upon Babcock vs. White, 102 F.3d 267

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(7th Cir. 1996), [p]laintiff Gary Cassano does not oppose W. Roger’s Motion for Summary

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Judgment” (Dkt. No. 66). Rogers’ motion for summary judgment is therefore GRANTED. The

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hearing previously set for November 20, 2014, is hereby VACATED.

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This leaves Johnson as the remaining defendant here. As such, Johnson’s counsel will

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submit a status report indicating whether his case can be resolved by summary judgment or by

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some other dispositive motion. This status report is due by 4 PM ON NOVEMBER 18, 2014.

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IT IS SO ORDERED.

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Dated: November 4, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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