NAACP of San Jose/ Silicon Valley v. City Of San Jose

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NAACP OF SAN JOSE/ SILICON

VALLEY, et al., Case No. 21-cv-01705-PJH

Plaintiffs,

ORDER RE LETTER TO CLARIFY

v. RULING

CITY OF SAN JOSE, et al., Re: Dkt. No. 155 Defendants.

11 The court is in receipt of a letter filed by plaintiffs’ counsel, seeking clarification of a 12 portion of the court’s summary judgment order. See Dkt. 155. Specifically, plaintiffs 13 request clarification as to the viability of the state law claims brought by plaintiffs Swift 14 and Allen against defendant City of San Jose. The letter argues that the claims should 15 remain viable, due to the doctrine of vicarious liability (or respondeat superior). See id. 16 (citing Robinson v. Solano County, 278 F.3d 1007, 1016 (9th Cir. 2002)). 17 The court finds that plaintiffs’ letter is more properly construed as a request to 18 seek reconsideration of the court’s summary judgment order, and the court further 19 concludes that the request must be GRANTED based on the arguments presented in the 20…