Adam Jawien et al v. County of San Bernardino et al

Filing 45

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge George H. King for Report and Recommendation (Issued) 43 , Notice of Report and Recommendation 44 (am)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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ADAM JAWIEN, et al.,

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Plaintiffs,
vs.
COUNTY OF SAN
BERNARDINO, et al.,
Defendants.

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Case No. CV 10-9501-GHK (DTB)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended

18 Complaint, all the records and files herein, and the Amended Report and
19 Recommendation and Report and Recommendation of the United States Magistrate
20 Judge. No objections to the Report and Recommendation have been filed herein. The
21 Court concurs with and accepts the findings, conclusions and recommendations of the
22 Magistrate Judge.
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IT THEREFORE IS ORDERED that defendants’ Motion to Dismiss Merck’s

24 alienation claim in the First Cause of Action is granted without leave to amend; that
25 defendants’ Motion to Dismiss Merck’s Monell claim in the Third Cause of Action
26 and Merck’s negligence claim in the Sixth Cause of Action is granted with leave to
27 amend; that defendants’ Motion to Dismiss Merck’s § 1983 claims for unreasonable
28 search and seizure in the First Cause of Action; Merck’s Bane Act claim in the Fourth
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1 Cause of Action; and Merck’s Intentional Infliction of Emotional Distress Claim in
2 the Fifth Cause of Action is denied; that defendants’ Motion to Strike is denied; and
3 that plaintiffs are ordered, if they decide to proceed, to file a Second Amended
4 Complaint within thirty (30) days of the date of this Order.
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DATED:

8/26/12
GEORGE H. KING
UNITED STATES DISTRICT JUDGE

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