Filed: Sep. 27, 2018
Latest Update: Sep. 27, 2018
Summary: JOINT STATEMENT RE DEFENDANTS MSA [DOC. 14]; CONCEDED ISSUES; REQUEST TO VACATE HEARING; ENTER ORDER JOHN A. MENDEZ , District Judge . TO THE HONORABLE COURT: On September 24, 2018, in response to the minute order by the Court, the parties in the above-captioned matter met and conferred by email. Therefore, the Parties jointly AGREE AND STIPULATE THAT: 1. Plaintiff did not oppose Defendants' Motion for Summary Adjudication (Doc. 14) therefore Plaintiff has conceded the issues Defendants
Summary: JOINT STATEMENT RE DEFENDANTS MSA [DOC. 14]; CONCEDED ISSUES; REQUEST TO VACATE HEARING; ENTER ORDER JOHN A. MENDEZ , District Judge . TO THE HONORABLE COURT: On September 24, 2018, in response to the minute order by the Court, the parties in the above-captioned matter met and conferred by email. Therefore, the Parties jointly AGREE AND STIPULATE THAT: 1. Plaintiff did not oppose Defendants' Motion for Summary Adjudication (Doc. 14) therefore Plaintiff has conceded the issues Defendants ..
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JOINT STATEMENT RE DEFENDANTS MSA [DOC. 14]; CONCEDED ISSUES; REQUEST TO VACATE HEARING; ENTER ORDER
JOHN A. MENDEZ, District Judge.
TO THE HONORABLE COURT:
On September 24, 2018, in response to the minute order by the Court, the parties in the above-captioned matter met and conferred by email. Therefore, the Parties jointly AGREE AND STIPULATE THAT:
1. Plaintiff did not oppose Defendants' Motion for Summary Adjudication (Doc. 14) therefore Plaintiff has conceded the issues Defendants raised in the motion;
2. Defendants' motion sought partial adjudication of two issues (1) whether Defendant Phillips had probable cause to arrest Plaintiff following the subject incident; and (2) whether there was any evidence to Plaintiff's claim that the Defendants conspired to falsify their reports.
Because Plaintiff does not oppose the Defendants' motion, Defendants are entitled to an order in their favor, to wit:
The claims made in Paragraphs 19 and 23 of Plaintiff's Complaint are dismissed with prejudice.
Therefore, the Parties respectfully request the Court take off calendar the hearing on Defendants' motion, currently set for October 2, 2018. The Parties intend to appear for the MSC, set for October 4, 2018, in order to attempt to resolve the matter.
ORDER
The undersigned Parties' filed a joint statement requesting an order as set forth below:
1. Plaintiff's §1983 claim for violation of the 4th Amendment claim (Unlawful Arrest) is DISMISSED WITH PREJUDICE; and,
2. Plaintiff's claim that Defendants Ulaga and Phillips conspired to falsify reports is without any evidence, and therefore DISMISSED WITH PREJUDICE.
3. In light of Plaintiff's non-opposition, the dispositive motion hearing date of October 2, 2018 is VACATED.
IT IS SO ORDERED.
