Trujillo v. Jacquez et al

Filing 218

NOTICE OF TENTATIVE RULING AND HEARING. Set/Reset Deadlines as to 196 MOTION for Summary Judgment and for Judgment on the Pleadings. Motion Hearing set for 1/27/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Parties to advise the Court by 1/20/15 as to whether they submit to the tentative ruling. Signed by Judge Yvonne Gonzalez Rogers on 1/13/15. (fs, COURT STAFF) (Filed on 1/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO TRUJILLO,

Case No. 10-cv-05183-YGR

Plaintiff,
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v.

NOTICE OF TENTATIVE RULING AND
HEARING

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FRANCISCO JACQUEZ, ET AL.,

Re: Dkt. No. 196

Defendants.

United States District Court
Northern District of California

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE OF THE
FOLLOWING:
Having reviewed the papers submitted and the record in this case, the Court tentatively
rules as follows on defendants’ pending motions (Dkt. No. 196):
1. Defendants’ Motion for Summary Judgment for failure to exhaust administrative
remedies is tentatively:

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a. DENIED as to Count III (conditions of confinement).

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b. GRANTED as to Count IV (retaliation) only insofar as that claim alleges

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retaliation through issuance of a false rules violation report.
c. GRANTED as to Count V (conspiracy) except as to its allegations against

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defendants Polk and Reynoso in connection with purportedly false

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statements that sent plaintiff to contraband surveillance watch.

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d. GRANTED as to Count VI (supervisor liability).
2. Defendants’ Motion for Judgment on the Pleadings is tentatively (1) GRANTED as
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to Count II on the ground that it fails to state a cognizable claim for relief and (2)

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DENIED as to Counts II-V on statute of limitations grounds on the basis that those

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claims relate back to the initial complaint in this action.

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The Court SETS a hearing on this motion for January 27, 2015 on the 2 p.m. calendar in

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Courtroom 1 of the U.S. District Court, 1301 Clay Street, Oakland, California. The parties shall

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advise the Court by January 20, 2015 as to whether they submit to the tentative ruling. If both

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sides submit to the tentative ruling, then the January 27 hearing will be taken off calendar and a

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comprehensive order shall issue.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: January 13, 2015
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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