Jane Doe v City of Newport Beach, et al

Filing 193

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS of United States Magistrate Judge by Judge John A. Kronstadt: See document for further information. (lwag)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 JANE DOE, 12 Plaintiff, 13 vs. 14 CITY OF NEWPORT BEACH, et al., 15 16 17 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. SACV 15-00608-JAK (KES) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the 18 records and files herein, as well as the Report and Recommendation of the United 19 States Magistrate Judge. No objections to the Report and Recommendation have been 20 filed. The Court hereby approves and accepts the findings, conclusions, and 21 recommendations of the United States Magistrate Judge, subject to certain 22 modifications, which are stated below: 23 IT THEREFORE IS ORDERED that (1) Plaintiff’s Third claim in the Second 24 Amended Complaint for § 1983 liability against Defendant City of Newport Beach is 25 dismissed without prejudice; (2) Plaintiff’s Fourth, Fifth and Sixth claims in the 26 Second Amended Complaint against Defendant City of Newport Beach are dismissed 27 with prejudice; (3) Defendants’ motion to strike Plaintiff’s prayer for punitive 28 damages is Denied; (4) Defendants’ motion to strike Plaintiff’s prayer for attorney 1 1 fees is Denied without prejudice; and (5) Further leave to amend the Second Amended 2 Complaint against Defendant City of Newport Beach is Granted as to Plaintiff’s § 3 1983 claim; provided, however, in light of the discovery that has been conducted in 4 this action and other information that is reasonably available to Plaintiff, any such 5 amended complaint shall set forth detailed allegations to support any claim that is 6 reasserted, such allegations shall be ones for which Plaintiff has a good faith basis 7 consistent with the requirements of Fed. R. Civ. P. 11, and such a claim shall not 8 be premised on allegations of a failure to train by the City of Newport Beach . See 9 Flores v. Cty. of L.A., 758 F.3d 1154 (9th Cir. 2014). In drafting any amended 10 complaint Plaintiff shall also be mindful that the proposed amendments identified in 11 the Magistrate Judge’s Report and Recommendation are insufficient to state a § 1983 12 claim. 13   14 DATED: 15 16 17 June 2, 2016 ________________________________ JOHN A. KRONSTADT UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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