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Alfano v. BRP Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


June 22, 2010

NICOLE ALFANO AND MICHAEL ALFANO, PLAINTIFFS,
v.
BRP INC., AND BRP US INC., DEFENDANTS

The opinion of the court was delivered by: John A. Mendez, United States District Judge

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PARTIAL SUMMARY ADJUDICATION

This matter came on before the Court on Plaintiffs' First Motion for Partial Summary Judgment, dated April 20, 2010 and Plaintiffs' Second Motion for Partial Summary Judgment, dated May 5, 2010. In addition to the pleadings on file, the Court has reviewed all pleadings filed in support of and in opposition to the motion along with the arguments of counsel during a hearing held on June 2, 2010.

NOW, THEREFORE, it is hereby ORDERED that Defendants' First Affirmative Defense is WITHDRAWN. It is further

ORDERED that summary adjudication of the Second Affirmative Defense is GRANTED with respect to firms, person, corporations or entities, including but not limited to Jill Smith, and is DENIED with respect to the Plaintiffs. It is further

ORDERED that summary adjudication of the Third Affirmative Defense is DENIED. It is further

ORDERED that summary adjudication of the Fourth Affirmative Defense is DENIED. It is further

ORDERED that Defendants' Fifth Affirmative Defense is WITHDRAWN. It is further ORDERED that summary adjudication of the Seventh Affirmative Defense is DENIED. It is further

ORDERED that summary adjudication of the Eighth Affirmative Defense is GRANTED. It is further

ORDERED that summary adjudication of the Ninth Affirmative Defense is GRANTED with respect to parties unserved and unnamed, including but not limited to Jill Smith, and is DENIED with respect to the Plaintiffs. It is further

ORDERED that summary adjudication of the Tenth Affirmative Defense is GRANTED with respect to parties unserved and unnamed a, including but not limited to Jill Smith, and is DENIED with respect to the Plaintiffs. It is further

ORDERED that Defendants' Eleventh Affirmative Defense is WITHDRAWN. It is further ORDERED that summary adjudication of the Twelfth Affirmative Defense is GRANTED. It is further

ORDERED that summary adjudication of the Thirteenth Affirmative Defense is GRANTED. It is further

ORDERED that Defendants' Fourteenth Affirmative Defense is WITHDRAWN. It is further ORDERED that summary adjudication of the Fifteenth Affirmative Defense is GRANTED. It is further

ORDERED that summary adjudication of the Sixteenth Affirmative Defense is GRANTED. It is further

ORDERED that summary adjudication of the Seventeenth Affirmative Defense is GRANTED. It is further

ORDERED that Plaintiffs' law firm is sanctioned $200.00 for exceeding the page limit on the two briefs and $200.00 for exceeding the page limit on the reply.

DONE IN OPEN COURT this 22nd day of June, 2010

DATED: June 21, 2010

20100622

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