Garcia v. Fortis Capital IV et al

Filing 140

ORDER denying 132 Request for an Order Finding that the Summary Judgment Order is Final; denying 136 Motion for leave to file a Motion for Reconsideration. Signed by Judge Edward J. Davila on 5/12/2014. (ejdlc1S, COURT STAFF) (Filed on 5/12/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CASE NO. 5:12-cv-06491 EJD

ANGELICA GARCIA,

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ORDER DENYING DEFENDANTS’
REQUEST FOR ORDER FINDING THAT
SUMMARY JUDGMENT ORDER IS
FINAL; DENYING PLAINTIFF’S
MOTION FOR LEAVE TO FILE MOTION
FOR RECONSIDERATION

Plaintiff(s),
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v.
FORTIS CAPITAL IV, LLC, et. al.,

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[Docket Item No(s). 132, 136]

Defendant(s).
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For the Northern District of California

United States District Court

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/
Presently before the court are two matters: (1) Defendants’ request for an order finding that

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the summary judgment order is final, and (2) Plaintiff’s motion for leave to file a motion for

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reconsideration of the same summary judgment order. See Docket Item Nos. 132, 136. As to these

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matters, the court rules as follows:

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1.

Because a partial summary judgment is not considered a final order (see St. Paul Fire

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& Marine Ins. Co. v. F.H., 55 F.3d 1420, 1425 (9th Cir. 1995)), Defendants’ request

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is DENIED. That said, however, the court clarifies that the jury in this action will not

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be asked to determine liability or damages for a claim of negligent hiring or negligent

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training and supervision. Nor will the issue of punitive damages be submitted to the

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jury.

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2.

Plaintiff’s motion for leave to file a motion for reconsideration is DENIED.

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IT IS SO ORDERED.

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Dated: May 12, 2014
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:12-cv-06491 EJD
ORDER DENYING DEFENDANTS’ REQUEST FOR ORDER FINDING THAT SUMMARY JUDGMENT ORDER
IS FINAL; DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION