PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER, STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On November 13, 2017, Steven J. Andre, Attorney for Plaintiff, STACY LININGER, submitted PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER to UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA.
CONCLUSION
Defendant FLIPPO, although a state official sued in his official capacity, is not immune from suit for prospective relief based upon the § 1983 allegations here. Plaintiff requests that this court amend the portion of its order finding such 11th Amendment immunity applies to her request for prospective relief and which dismisses defendant FLIPPO from the lawsuit.
Importantly, “a court should reconsider a prior ruling if it overlooked facts or precedent that reasonably would have altered the result. Id. That would be the case here, where this court ruled upon an area of law not briefed or argued by the parties as a basis to dismiss defendant FLIPPO.”
The PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER document copy is embedded.

Plaintiff's Motion for New Trial-reconsideration of Court's 11-6-17 Order 11-13-17 by L. A. Paterson on Scribd

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.
PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER
Case No 5:17-cv-03385-SVK