Larios
Larios v. Lunardi
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 TIMOTHY LARIOS, No. 2:15-cv-02451-JAM-DMC Plaintiff, v. ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
SCOTT LUNARDI and ROBERT J.
JONES,
12 Defendants. 13 In October 2019, Scott Lunardi, Kyle Foster, and Robert Jones filed a motion for summary judgment. Mot. for Summ. J. (“Mot.”), ECF No. 42. With one exception, the Court granted judgment in favor of Defendants on each of Plaintiff’s claims. Order Granting in Part Defs.’ Mot. for Summ. J., ECF No. 55. The Court deferred ruling on Defendants’ challenge to Plaintiff’s claim that Lunardi and Jones partook in an unlawful seizure when they allowed CHP investigator Curtis Duray to download the contents of Plaintiff’s personal phone onto a CHP computer. Order at 2-3. The Court granted Plaintiff leave to file a surreply so he could respond to arguments Defendants raised for the first time in their reply brief on this issue. Order at 22- 23; see also Plf’s. Surreply, ECF No. 56.…