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16-2793 - Martinez #133943 v. Mesa, City of et al


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16-2793 - Martinez #133943 v. Mesa, City of et al
March 2, 2018
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*ORDER - The reference to the Magistrate Judge is withdrawn as to Defendant Burkett's 37 Motion for Summary Judgment and Defendants Tapia and Hermes' 40 Motion for Summary Judgment. Defendants' Motions (Docs. 37 and 40) are granted in part and denied in part. The Motions are granted to the extent Plaintiff is claiming that the second search was not executed pursuant to a valid warrant; denied as to Plaintiff's claims of excessive force and unreasonable search in Counts II and III of the Complaint. The Court does not find compelling reasons to issue this Order under seal; accordingly, the Clerk of the Court shall automatically unseal this Order in 14 days, unless Defendants file a motion to seal showing compelling reasons for sealing each particular page and line number(s) they claim should be sealed. FURTHER ORDERED setting Telephonic Status Conference to Discuss Scheduling a Trial Date for March 15, 2018 at 9:00 a.m. The parties who will be trying the case shall appear telephonically. Signed by Judge Douglas L Rayes on 3/2/2018. (cc: All Parties) (ATD) *Modified on 3/19/2018 to unseal pursuant to this Order (ATD).