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Jeffrey Phillips v. Fulton-El Camino Recreation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 25, 2011

JEFFREY PHILLIPS
PLAINTIFF,
v.
FULTON-EL CAMINO RECREATION & PARKS DISTRICT AND DOES 1 TO 50,
DEFENDANTS.

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

Hon.: Judge John A. Mendez Date: February 23, 2011 Time: 9:30 a.m. Courtroom: 6

ORDER RE FULTON-EL CAMINO RECREATION AND PARK DISTICT'S MOTION FOR SUMMARY JUDGMENT/ SUMMARY ADJUDICATION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IT IS ORDERED THAT:

The Court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and after reviewing the parties' briefs and all other matters presented to the Court, and hearing argument by counsel, hereby grants Defendant's Motion for Summary Judgment on the First Cause of Action finding, as a matter of law, Plaintiff failed to state a claim under the Fifth Amendment.

The Court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and after reviewing the parties' briefs and all other matters Proposed Order Re Fulton-El Camino's {1290987.DOC;} 1 MSJ/ADJ presented to the Court, and hearing argument by counsel, hereby grants Defendant's Motion for Summary Judgment on the First Cause of Action finding, as a matter of law, there is no genuine issue of material fact establishing Plaintiff was deprived of a protectable property or liberty interest in his job.

The Court, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and after reviewing the parties' briefs and all other matters presented to the Court, and hearing argument by counsel, hereby grants Defendant's Motion for Summary Judgment on the Second Cause of Action finding, as a matter of law, Plaintiff has failed to state a claim under California Government Code section 3303 (the Police Officers Bill of Rights).

20110225

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