Pamela Tinky Mnyandu v. County of Los Angeles et al

Filing 207

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Dale S. Fischer: (see attached) (jm)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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COUNTY OF LOS ANGELES, et al., )
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Defendants.
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PAMELA TINKY MYANDU,

No. CV 14-6485 DSF (FFM)
ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this

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action, the attached Report and Recommendation of United States Magistrate Judge Re

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Motions to Dismiss and Motion to Strike Second Amended Complaint (“Report”), and

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the objections thereto. Good cause appearing, the Court concurs with and accepts the

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findings of fact, conclusions of law, and recommendations contained in the Report after

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having made a de novo determination of the portions to which objections were directed.

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IT IS ORDERED that: (1) The motion to dismiss of defendant County of Los

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Angeles is GRANTED; plaintiff’s claims against County of Los Angeles are dismissed

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with prejudice; (2) The motion to dismiss of defendant Charlie Hill is GRANTED;

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plaintiff’s claims against Hill are dismissed with prejudice; (3) The motion to dismiss

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plaintiff’s §1983 claim of defendants Sedgwick CMS, Inc. (“Sedgwick”), Jeffrey Rose,

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and Leslie Lunsway is GRANTED as to Sedgwick and DENIED as to Rose and

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Lunsway; plaintiff’s §1983 claim is dismissed with prejudice as to Sedgwick; and (4)

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plaintiff’s claims against defendant John McLaughlin are dismissed without prejudice.
IT IS FURTHER ORDERED that the Motion to Strike plaintiff’s “common law”

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California state law tort claim for malicious prosecution, brought by defendants

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Sedgwick, Rose, and Lunsway pursuant to California’s anti-SLAPP laws, is DENIED

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without prejudice.

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IT IS FURTHER ORDERED that remaining defendants Anthony Colannino,

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Vittorio Racowaschi, Sedgwick, Rose, and Lunsway file answers to the Second

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Amended Complaint within 20 days of the date hereof.

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8/19/16
DATED:

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DALE S. FISCHER
United States District Judge

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