STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants. NOTICE OF MOTION AND MOTION OF RONALD PFLEGER AND CITY OF CARMEL FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Federal Rule Civil Procedure 56] & DECLARATIONS IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT (April 30, 2019)

ABSTRACT: RE: STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION, Case No. 17-cv-003385-SVK, MOTION AND MOTION OF RONALD PFLEGER AND CITY OF CARMEL FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Federal Rule Civil Procedure 56], REQUEST FOR JUDICIAL NOTICE OF SUPERIOR COURT RULING, IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL-BY-THE-SEA , DECLARATION OF RONALD PFLEGER IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF VICTORIA WA YNER IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF TRACY COOK IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY WDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF JEFF WATKINS IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF MICHAEL CALHOUN IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF VINCENT HURLEY IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF DAWN ALMARIO IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF LISA JOHNSON IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF LUKE POWELL IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF MAUREEN RODDICK IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATNE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF KEN SHEN IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT, DECLARATION OF PAUL TOMASI IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT and [PROPOSED] ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL AND AGAINST PLAINTIFFS; ORDER GRANTING JUDICIAL NOTICE document copies are embedded.

NOTE: Date: June 4, 2019
Time: 10:00 a.m.
Magistrate Judge Susan van Keulen
San Jose Courthouse
Courtroom 6, 4th Floor

NOTICE OF MOTION AND MOTION OF RONALD PFLEGER AND CITY OF CARMEL FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF [Federal Rule Civil Procedure 56] (April 30, 2019)

REQUEST FOR JUDICIAL NOTICE OF SUPERIOR COURT RULING, IN SUPPORT OF THE MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL-BY-THE-SEA

DECLARATION OF RONALD PFLEGER IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF VICTORIA WA YNER IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF TRACY COOK IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY WDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF JEFF WATKINS IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF MICHAEL CALHOUN IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF VINCENT HURLEY IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF DAWN ALMARIO IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF LISA JOHNSON IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF LUKE POWELL IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF MAUREEN RODDICK IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATNE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF KEN SHEN IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

DECLARATION OF PAUL TOMASI IN SUPPORT OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

[PROPOSED] ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL AND AGAINST PLAINTIFFS; ORDER GRANTING JUDICIAL NOTICE