Jose Julio Gonzalez et al v. Jan Glick et al

Filing 54

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge James V. Selna for Report and Recommendation (Issued) 52 . Plaintiffs are granted leave to file a Third Amended Complaint within 30 days of the issuance of this Order, which shall be consistent with the Report and this Order. (ec)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JOSE JULIO and TINA DENISE
GONZALEZ,

Case No. CV 15-00131-JVS (GJS)

Plaintiffs
v.
JAN GLICK, et al.,

ORDER ACCEPTING FINDINGS
AND RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

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

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Complaint (“SAC”), all pleadings, motions, and other documents filed in this action,

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the Report and Recommendation of United States Magistrate Judge (“Report”), and

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Plaintiffs’ Objections to the Report. Pursuant to 28 U.S.C. § 636(b)(1)(C) and Fed.

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R. Civ. P. 72(b), the Court has conducted a de novo review of those portions of the

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Report to which objections have been stated.

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Having completed its review, the Court accepts the findings and

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recommendations set forth in the Report. Accordingly, IT IS ORDERED that the

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motion to dismiss filed by Defendant Pankau and in which Defendants Orly and

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Jankowski have joined [Dkt. 30, 37] and the motion to dismiss filed by Defendants

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Anderson, Glick, Hseuh, McCarthy, Miller, Raney, and Wicklund [Dkt. 35] are

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GRANTED and DENIED as follows:

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(1) Count 5 of the SAC is dismissed without leave to amend with respect to
Plaintiff Tina Gonzalez;
(2) Count 5 of the SAC is dismissed with leave to amend with respect to Plaintiff

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Jose Julio Gonzalez, who may attempt to replead the claim against

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Defendants Anderson and Wicklund;

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(3) Count 4 of the SAC is dismissed with leave to amend, and Plaintiffs may

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attempt to replead this claim against Defendants Glick, Hseuh, and McCarthy;

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(4) The ten state law claims of the SAC are dismissed without prejudice for lack

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of jurisdiction; and
(5) Plaintiffs are granted leave to file a Third Amended Complaint within 30

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days of the issuance of this Order, which shall be consistent with the Report

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and this Order.

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IT IS SO ORDERED.

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DATE: March 14, 2016

__________________________________
JAMES V. SELNA
UNITED STATES DISTRICT JUDGE

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