Alfred McZeal v. City of Tustin et al

Filing 53

ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge R. Gary Klausner for Report and Recommendation. 47 IT IS THEREFORE ORDERED as follows: 1. The Woodruff Defendants' m otion to dismiss the First Amended Complaint is granted without leave to amend and Defendants Woodruff & Smart, APC, Jason M. McEwen, and Nicolas A. Hutchens are dismissed from this action with prejudice; and 2. The City of Tustin Defendants' motion to dismiss the First Amended Complaint is granted without leave to amend and Defendants City of Tustin and Brad Steen are dismissed from this action with prejudice. [See document for further details.] (san)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ALFRED MCZEAL, JR.,
Plaintiff,

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v.
CITY OF TUSTIN, et al.,
Defendants.

Case No. 8:24-cv-00088-RGK-PD
ORDER ACCEPTING REPORT
AND ADOPTING FINDINGS,
CONCLUSIONS, AND
RECOMMENDATIONS OF
UNITED STATES MAGISTRATE
JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the First Amended
Complaint, the motions to dismiss the First Amended Complaint filed by
Defendants Woodruff & Smart, APC, Jason M. McEwen, and Nicolas A.
Hutchens (collectively, the “Woodruff Defendants”) and Defendants City of
Tustin and Brad Steen (collectively, the “City of Tustin Defendants”), the
records on file, the Report and Recommendation of United States Magistrate
Judge (“Report”), Plaintiff’s Objections to the Report, and the Woodruff
Defendants and the City of Tustin Defendants’ response to Plaintiff’s
Objections. [Dkt. Nos. 18, 21, 22, 25, 26, 27, 40, 47, 48, 50, 51.]

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The Court has conducted a de novo review of the portions of the Report

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to which Objections were directed. The Court accepts the findings and

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recommendations of the Magistrate Judge and adopts them as its own

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findings and conclusions.

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IT IS THEREFORE ORDERED as follows:

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1. The Woodruff Defendants’ motion to dismiss the First Amended

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Complaint is granted without leave to amend and Defendants Woodruff

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& Smart, APC, Jason M. McEwen, and Nicolas A. Hutchens are

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dismissed from this action with prejudice; and

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2. The City of Tustin Defendants’ motion to dismiss the First Amended

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Complaint is granted without leave to amend and Defendants City of

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Tustin and Brad Steen are dismissed from this action with prejudice.

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DATED: January 28, 2025
HON. R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE

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