Apothio, LLC v. Kern County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 APOTHIO, LLC, Case No. 1:20-cv-00522-JLT-CDB Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION FOR RECONSIDERATION DONNY YOUNGBLOOD, JOSHUA (Doc. 138) NICHOLSON, and ANDREW HALVERSON, et al., Defendants. 17 On August 21, 2024, the Court granted in part and denied in part the Defendants’ second round of motions to dismiss. (Doc. 133.) In its Order, the Court denied Defendants’ motions to dismiss Plaintiff’s Fourth Amendment Excessive Destruction claim, and Fourteenth Amendment post-deprivation due process claim. (See id. at 47–48, 50, 52.) Now pending is the County Defendants’ Motion for Reconsideration, (Doc. 138), joined by State Defendants (Doc. 141) requesting that the Court reconsider its decisions regarding these two claims because they constitute “manifest error.” Plaintiff filed an Opposition, (Doc. 145), and the County Defendants replied. (Doc. 148.) For the following…