Boarman

Boarman v. County of Sacramento

Good Law

55 F. Supp. 3d 1271·2014 WL 5363765·89 Fed. R. Serv. 3d 1591·2014 U.S. Dist. LEXIS 149612

United States District Court, Eastern District of CaliforniaOctober 21, 2014No. 2:11-cv-02825 KJM KLNCalifornia7,989 words

Opinion

Lead Opinion

Mueller, J.

ORDER

On August 22, 2014, the court heard argument on the motion for summary judgment filed by defendants County of Sacramento, City of Rancho Cordova, Officer Sean Barry, and Officer Manuel Kon-stantinidis (collectively defendants), as well as plaintiffs motion to modify the scheduling order. Robert Chalfant appeared for defendants; Manolo Olaso appeared for plaintiff Andrea Boarman. After considering the parties’ arguments, the court DENIES the motion to modify the scheduling order and GRANTS IN PART and DENIES IN PART the motion for summary judgment.

I. BACKGROUND

On October 26, 2011, plaintiff filed a complaint alleging generally that defendants had violated her state and federal rights in connection with an encounter at a CVS Store in Rancho Cordova on January 16, 2011. ECF No. 1. Defendants filed a motion to dismiss, which the court granted on September 27, 2012, 2012 WL 4469323 . ECF Nos. 6,14.

Plaintiff filed her First Amended Complaint on October 26, 2012. ECF No. 15. Defendants again moved to dismiss, ECF No. 16, and on March 29, 2013, 2013 WL 1326196 , the court granted the motion in part and denied it in part. ECF No. 22.

*1275 On April 18, 2013, plaintiff filed a…

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