Shears

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 Case No.: 3:17-cv-02418-BTM-KSC H.S., a minor, by and through his 13 mother and natural guardian, ORDER DENYING PLAINTIFF’S SAMANTHA PARDE, MOTION FOR SUMMARY Plaintiff, JUDGMENT AND DENYING

DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT

17 UNITED STATES OF AMERICA, [ECF Nos. 44, 45] and DOES 1 through 10, inclusive, 19 Defendants. 20 21 Before the Court are cross motions for summary judgment filed by Plaintiff and Defendant United States. (ECF Nos. 44, 45.) Plaintiff filed an ex parte request for oral argument on its motion for summary judgment, which the Court granted. (ECF Nos. 46, 47.) On July 11, 2019, the Court heard oral argument on their motions. For the reasons discussed below, the Court denies both motions. (ECF Nos. 44, 45). // BACKGROUND Staff Sergeant Brian Shears (“SSG Shears”) resides in Arizona but is a member of the California National Guard. (ECF…