Merrill et al v. County of Madera, et al

Filing 334

ORDER SETTING BRIEFING SCHEDULE; Clerk of Court DIRECTED to Re-Open this Action; Plaintiffs are GRANTED Leave to File a Motion to Amend the Complaint to Add a Substantive Due Process Claim that Complies with the Ninth Circuit's July 22, 2010 Order signed by Chief Judge Anthony W. Ishii on 8/24/2010. Case reopened. Any Motion to Amend, along with a copy of any Proposed Amended Complaint, shall be Filed by September 20, 2010. (Sant Agata, S)

Merrill et al v. County of Madera, et al

Doc. 334

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BACKGROUND The complaint in this action alleged that Defendants' citations and denial of several permits deprived Plaintiffs of their constitutional rights. After several pre-trial motions, this action proceeded to jury trial. On July 10, 2007, the jury returned a verdict in Defendants' favor. The Clerk of the Court entered judgment. Plaintiffs appealed. On July 22, 2010, the Ninth Circuit Court of Appeal issued an order concerning Plaintiff's substantive due process claim in light of a change in the law. Circuit ruled: . . . . We therefore remand for the district court to decide (1) whether the Merrills should, in light of Crown Point, be granted leave to amend their complaint to include additional substantive due process claims; and (3) whether the principle of Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed. 383 (1994), bars any of the Merrills' remaining substantive due process claims, in particular the claim based on Mr. Merrill's liberty interest. The Ninth ) ) ) Plaintiffs, ) ) v. ) ) COUNTY OF MADERA, et al., ) ) Defendants. ) ____________________________________) ERNEST MERRILL and LILA MERRILL, 1: 05 -CV- 0195 AWI SMS ORDER SETTING BRIEFING SCHEDULE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, the court ORDERS that: 1. 2. The Clerk of the Court is DIRECTED to re-open this action; Plaintiffs are GRANTED leave to file a motion to amend the complaint to add a substantive due process claim that complies with the Ninth Circuit's July 22, 2010 order; 3. Any motion to amend, along with a copy of any proposed amended complaint, SHALL BE FILED by September 20, 2010; and 5. Plaintiffs are forewarned that a failure to file a motion to amend the complaint will result in this action being closed.

IT IS SO ORDERED. Dated: 0m8i78 August 24, 2010 CHIEF UNITED STATES DISTRICT JUDGE

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