Dibbern
Dibbern v. City of Bakersfield
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 11 JEFFREY DIBBERN, Case No. 1:22-cv-00723-CDB 12 Plaintiff, ORDER GRANTING IN PART
DEFENDANTS’ RENEWED MOTION
v. PURSUANT TO FED. R. CIV. P. 50 14 CITY OF BAKERSFIELD, et al., ( Doc. 135) Defendants. 21-Day Deadline 17 18 Introduction Trial of this action commenced on September 16, 2024. (Doc. 115). On September 25, 2024, the jury returned a note indicating they were “hopelessly deadlocked.” (Doc. 132). Following a conference with the parties outside the presence of the jury, the Court conducted an inquiry with the jury and thereafter declared a mistrial. (Doc. 124). On October 3, 2024, Defendants filed a renewed motion for partial judgment as a matter of law pursuant to Rule 50(b), Fed. R. Civ. P. (Doc. 135). In their motion, Defendants argue they are entitled to judgment as a matter of law on three of Plaintiff’s claims: (1) Violation of the Fourth Amendment – Failure to Provide Medical Care; (2) Negligence – Delaying or Interfering with 28 1 …