Lindsey
DORNES BY AND THROUGH LOPEZ v. Lindsey
Opinion
Opinion
Snyder, J.
ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I. Introduction
This matter was previously set to be heard on July 13, 1998. At that hearing, plaintiff requested a continuance of this matter pursuant to Fed.R.Civ.P. 56(f). The Court granted that request, and granted the parties leave to file supplemental declarations. Neither party has submitted any additional evidence. The Court has reviewed the briefs submitted by the parties in support of and in opposition to the present motion, as well as the case file and all exhibits. After consideration of this matter, the Court grants defendant’s motion for summary judgment.
II. Factual Background
The following facts are undisputed:
Plaintiff, a minor, sues through her guardian ad litem, Aura Lopez, for events occurring while she was a student at Etiwanda Middle School. On March 2, 1995, Dolores Lindsey, Principal of the Etiwanda Middle School and the sole remaining defendant in this case, was informed that a student, Valerie, had a small bag of marijuana in class and was showing it to others. Upon receiving this information, Lindsey interviewed Valerie, who reported that plaintiff Nastassie Domes had brought the marijuana to school…