C.B. v. Sonora School District, et al.

Filing 72

ORDER DENYING the Rule12(b)(6) Motion, signed by Judge Oliver W. Wanger on 3/11/2010. (Kusamura, W)

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JOHN F. MARTIN, ESQ. (SBN 52618) CHRISTINE HOPKINS, ESQ. (SBN 240248) LAW OFFICES OF JOHN F. MARTIN A Professional Corporation 3100 Oak Road, Suite 230 Post Office Box 5331 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, C.B.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA C.B., a minor, Case No. 1:09-CV-00285-OWW-SMS Plaintiff, ORDER DENYING THE RULE 12(b)(6) MOTION BROUGHT BY DEFENDANTS CITY OF SONORA, CHIEF OF POLICE MACE MCINTOSH, AND OFFICER HAL PROCK DATE: TIME: DEPT: JUDGE: March 8, 2010 10:00 a.m. 3 Hon. Oliver W. Wanger

11 12 v. 13 14 15 16 Defendants. 17 18 19 20 Defendants' Motion to Dismiss Plaintiff's First Amended Complaint came on regularly for 21 hearing by this Court on March 8, 2010, the Honorable Oliver W. Wanger presiding. 22 The Court, having read the supporting and opposing papers, and having heard the arguments at 23 the hearing, and good cause appearing, orders as follows: 24 IT IS HEREBY ORDERED that: 25 1. Defendant's Motion to Dismiss and Motion for a More Definite Statement is hereby denied 26 in its entirety; 27 2. 28 Imprisonment, Battery, and Intentional Infliction of Emotional Distress against the moving Defendants. Plaintiff's First Amended Complaint adequately pleads causes of action for False ____________________________/ SONORA SCHOOL DISTRICT; KAREN SINCLAIR; CITY OF SONORA; CHIEF OF POLICE MACE MCINTOSH; OFFICER HAL PROCK; DOES 1-10

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Fed.R.Civ.Pro. 8(a)(2), (e). 3. Plaintiff's First Amended Complaint adequately pleads causes of action for violation of 42 U.S.C. § 1983 against Chief of Police Mace McIntosh and Officer Hal Prock in their individual capacities. Fed.R.Civ.Pro. 8(a)(2), (e). 4. Defendants assertion of qualified immunity in this Rule 12(b)(6) motion is denied without prejudice to Defendants' raising the issue of qualified immunity in a Motion for Summary Judgment after discovery in this matter. 5. Defendants are ordered to file an Answer to the First Amended Complaint within 20 days of this order. 6. The parties are ordered to telephonically appear before the Court on May 7, 2010 at 8:15 before Judge Oliver W. Wanger in courtroom 3 for a Case Management Conference to set discovery and pre-trial deadlines and a trial date. The parties shall e-file a Joint Status Report seven days prior to the Case Management Conference.

IT IS SO ORDERED. Dated: March 11, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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