(PC) Caruso v. Johnson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 GINA CARUSO, CASE NO. 1:15-CV-0780 AWI EPG

Plaintiff

ORDER ON PLAINTIFF’S MOTION

v. FOR RECONSIDERATION

OFFICER G. SOLORIO, et al., (Doc. No. 328) Defendants

15 Currently pending before the Court is inter alia a motion for reconsideration by Plaintiff Gina Caruso. Specifically, Caruso seeks reconsideration of the Court’s order on summary judgment in which summary judgment was granted on an asserted Eighth Amendment sexual assault claim. Caruso’s motion for reconsideration is based on Rule 60(b)(1) and Rule 60(b)(2). Defendants have filed an opposition. For the reasons that follow, the motion for reconsideration will be denied. Plaintiff’s Arguments Caruso argues that reconsideration is warranted for two reasons: excusable neglect and newly discovered evidence. With respect to newly discovered evidence, Caruso’s treating psychologist Dr. Celosse was only recently deposed and treatment records were…