Case law

Hiken v. Department of Defense

521 F. Supp. 2d 1047 · District Court, N.D. California · Oct 2, 2007

The parties do not dispute that the ROE qualify as “internal rules and practices of an agency.” 5 U.S.C. § 552 (b)(2). … Exemption 6 Exemption 6 protects the disclosure of personal information which would constitute a clearly unwarranted invasion of personal privacy. 5 U.S.C. § 552 (b)(6).

Arnold v. United Artists Theatre Circuit, Inc.

866 F. Supp. 433 · District Court, N.D. California · Apr 15, 1994

The Court also notes that, in any event, the Donald court’s discussion of its hypothetical was dictum since in Donald there was no dispute that the plaintiff had clearly been denied adequate service. … In such employment cases, plaintiffs must at least show — in addition to discrimination — that they were on the job market, that there was a job opening with the employer, and that they were qualified for the job.

Online Policy Group v. Diebold, Inc.

337 F. Supp. 2d 1195 · District Court, N.D. California · Sep 30, 2004

It appears that Congress carefully balanced the competing interests of copyright holders, ISPs, and the public, by providing immunity subject to relief for any misuse of the statute. … In fact, 17 U.S.C. § 512 (1) pro *1201 vides that “failure to ... qualify for limitation of liability under this section shall not bear adversely upon the consideration of ... any other defense.” 8 .

Homestead Insurance v. Ryness Co.

851 F. Supp. 1441 · District Court, N.D. California · Jul 2, 1992

Section 2680(a) of the FTCA specifi­cally establishes the exception, providing that the United States does not waive its sover­eign immunity for [a]ny claim ... based upon the exercise or performance or the failure to exercise … Lee’s assertion of the existence of a contract, and the nature of the ensuing rela­tionship between EL & M and the govern­ment clearly evince an independent contrac­tor relationship, notwithstanding that the re­lationship

Microsoft Corp. v. EEE Business Inc.

555 F. Supp. 2d 1051 · District Court, N.D. California · May 5, 2008

Wang’s Declaration Does Not Establish Liability for Direct Infringement. … In addition, the discs were clearly marked “Not for Resale.” (See id., ¶¶ 8-11 , Exs. 1-4.)

Briggs v. United States

564 F. Supp. 2d 1087 · District Court, N.D. California · Apr 7, 2008

“Judgment on the pleadings is proper when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.” … “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit. Sovereign immunity is jurisdictional in nature.

Ochoa v. City of San Jose

District Court, N.D. California · Apr 14, 2022

of whether Officer Mosunic’s conduct was 27 protected by qualified immunity. … Given Plaintiff's failure to establish a constitutional 3 || violation under the first prong of the qualified immunity analysis, the Court need not consider the 4 second prong. 5 The Court notes that

Lazcano v. Potter

468 F. Supp. 2d 1161 · District Court, N.D. California · Jan 4, 2007

Under the Rehabilitation Act of 1973, a plaintiff must establish that she is, among *1167 other things: (1) an individual with a disability, (2) otherwise qualified, and (3) subjected to discrimination solely by reason of … Boster’s alleged behavior clearly involved more than “the ordinary tribulations of the workplace.” Faragher v. City of Boca Raton, 524 U.S. 775, 788 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998).

Rodriguez

District Court, N.D. California · May 20, 2026

However, 22 “[o]nce the district court ha[s] filed a pretrial scheduling order pursuant to Federal Rule of Civil 23 Procedure 16 which established a timetable for amending pleadings that rule’s standards control.” … 2011), “the tenor of the case changed significantly” after the 27 parties’ first round summary judgment briefing, further justifying a finding of good cause for 1 allow the defendant to amend his answer to assert a qualified

Duncan v. County of Humboldt

District Court, N.D. California · Jun 27, 2024

So, Defendant Baca is absolutely 7 immune for her use of accurate information in a contempt application filed against Plaintiff. 8 However, a prosecutor is entitled only to qualified immunity when functioning … Assuming, without deciding, only qualified immunity applies to this 18 conduc,t and drawing all reasonable inferences in Plaintiff’s favor, the SAC’s factual allegations 19 are insufficient to support the plausible

Elias v. U.S. Department of State

721 F. Supp. 243 · District Court, N.D. California · Jun 7, 1989

Dirksen’s challenge, we first must establish whether plaintiff has standing to sue on her behalf. … Under the Immigration and Naturalization Act, 8 U.S.C. § 1101 etseq, an alien seeking immigrant status may qualify for a visa not subject to limit if he or she is an immediate relative of United States citizens or qualifies

Camarena v. Meissner

78 F. Supp. 2d 1044 · District Court, N.D. California · Dec 22, 1999

On November 29, 1990, Congress enacted the Immigration Act of 1990, which established a family unity program under which qualifying spouses and children of lawful permanent residents are allowed to remain and work in the … Summary judgment is warranted when no genuine and disputed issues of material fact remain; or, when viewing the evidence in the light most favorable to the non-moving party, the movant is clearly *1048 entitled to prevail

Guidiville Rancheria v. United States

5 F. Supp. 3d 1142 · District Court, N.D. California · Dec 12, 2013

Plaintiffs further argue that Upstream is entitled to specific performance of the LDA to the extent that the terms are “sufficiently certain to make the precise act which is to be done clearly ascertainable” and to the extent … Likewise, the Court will not take judicial notice of documents where their relevance has not first been established. See Santa Monica Food Not Bombs v.

California Native Plant Society v. United States Environmental Protection Agency

251 F.R.D. 408 · District Court, N.D. California · Apr 3, 2008

On the other hand, a detailed declaration from senior agency staff, explaining how the withheld material fits into the decision-making process, can provide enough information to protect a document, or even a group of clearly-related … The Court Will Not Determine Whether the Qualified Privilege Is Overcome By Plaintiffs’ Need At This Time.

B. v. West Contra Costa Unified School District

District Court, N.D. California · Sep 27, 2019

deliberate 9 indifference, “[s]chool administrators . . . are deemed ‘deliberately indifferent’ to acts of student- 10 on-student harassment only where the recipient’s response to the harassment or lack thereof is 11 clearly … Sanchez, 454 F.3d 1 Parties do not dispute that plaintiff has alleged that he is a qualified individual with a 2 disability.

Rodriguez v. Corpus

District Court, N.D. California · Jul 8, 2025

Koile, 883 F.3d 1228, 1241 (9th Cir. 2018). 16 Furthermore, supervisory defendants are entitled to qualified immunity where the 17 allegations against them are simply “bald” or “conclusory” because such allegations … do not 18 “plausibly” establish the supervisors’ personal involvement in their subordinates’ 19 constitutional wrong.

Williams v. San Francisco Unified School District

340 F. Supp. 438 · District Court, N.D. California · Mar 21, 1972

Reed, supra, 404 U.S. at 76-77 , 92 S.Ct. at 254 , that male administrators could be favored over equally qualified female administrators on the theory that this avoided hearings in individual eases: Clearly the objective … It is for just such contingencies that the District has made provision for a pool of qualified substitutes available as temporary replacements on short notice.

SARATOGA S & L v. Federal Home Loan Bank

724 F. Supp. 683 · District Court, N.D. California · Sep 7, 1989

In addition, the FHLBB is charged with establishing and administering the Federal Home Loan Bank System, which is comprised of twelve regional Federal Home Loan Banks. … In addition, *690 federal officials sued for damages on constitutional or federal statutory claims would be entitled to the protection of qualified immunity as recognized in Harlow v.

Norian Corp. v. Stryker Corp.

252 F. Supp. 2d 945 · District Court, N.D. California · Jun 13, 2002

This gap, however, was supplied by the ’888 Iwamoto patent, conceded by all to qualify as prior art. … Stryker must prove the abstract qualified as a printed publication by clear and convincing evidence.

Barth v. Broomfield

District Court, N.D. California · May 17, 2021

Similarly, “where an affirmative defense, such as immunity, [is] clear on the 12 face of the complaint that dismissal may qualify as a strike for failure to state a claim.” 13 Harris v. … The 5 13 || response must clearly be labeled “RESPONSE TO ORDER TO SHOW CAUSE.”