Lorcan T. Kilroy v. Los Angeles Unified School District Board of Education et al

Filing 82

ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Dolly M. Gee for Report and Recommendation (Issued) 60 . Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended Complaint, the Motion to D ismiss filed by defendants Los Angeles Unified School District Board of Education ("LAUSD"), John Plevack, Paula Greene, Justo Avila, George McKenna, Scott Schmerelson, Monica Ratliff, and Ref Rodriguez ("Motion to Dismiss"), the Opposition of Plaintiff Lorcan T. Kilroy, the Reply of the moving defendants, the other records on file herein, and the Report and Recommendation of the assigned United States Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report and Recommendation to which objections have been made. The Magistrate Judge's Report and Recommendation is approved and accepted, with some modifications noted below. See document for further information. (dv)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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LORCAN T. KILROY,
Plaintiff,

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v.

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LOS ANGELES UNIFIED
SCHOOL DISTRICT BOARD
OF EDUCATION, et al.,

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Defendants.

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Case No.: CV 16-09068-DMG (JDE)
ORDER ACCEPTING FINDINGS
AND RECOMMENDATION OF
UNITED STATES MAGISTRATE
JUDGE

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

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Complaint, the Motion to Dismiss filed by defendants Los Angeles Unified

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School District Board of Education (“LAUSD”), John Plevack, Paula Greene,

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Justo Avila, George McKenna, Scott Schmerelson, Monica Ratliff, and Ref

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Rodriguez (“Motion to Dismiss”), the Opposition of Plaintiff Lorcan T.

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Kilroy, the Reply of the moving defendants, the other records on file herein,

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and the Report and Recommendation of the assigned United States Magistrate

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Judge. Further, the Court has engaged in a de novo review of those portions

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of the Report and Recommendation to which objections have been made.

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The Magistrate Judge’s Report and Recommendation is approved

and accepted, with some modifications noted below.
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The Motion to Dismiss Causes of Action One through Eight

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against defendant LAUSD is GRANTED without leave to amend as to those

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claims. Any request to raise new causes of action against defendant LAUSD

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must be raised by way of a motion to amend.

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3.

The Motion to Dismiss Causes of Action One through Seven in

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the First Amended Complaint is GRANTED as to defendants John Plevack,

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Paula Greene, Justo Avila, George McKenna, Scott Schmerelson, Monica

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Ratliff, and Ref Rodriguez in their official capacities, without leave to amend

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as to those claims. Any request to raise new causes of action against LAUSD

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Individual Defendants in their official capacity must be raised by way of a

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motion to amend.

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4.

The Motion to Dismiss Causes of Action Nine and Ten by

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defendants John Plevack, Paula Greene, Justo Avila, George McKenna, Scott

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Schmerelson, Monica Ratliff, and Ref Rodriguez in their individual capacities

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is DENIED.

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5.

All remaining defendants, who have not otherwise filed their

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Answer, shall file their Answer to the First Amended Complaint within 21

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days after the date of this Order.

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DATED: October 3, 2017
______________________________
DOLLY M. GEE
United States District Judge

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