Toscano et al v. City Of Fresno et al

Filing 49

ORDER requiring plaintiffs to file Notice of Dismissal within 10 days. Signed by Magistrate Judge Stanley A. Boone on 7/10/2015. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEL KEITH TOSCANO, JR., et al.,

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Case No. 1:13-cv-01987-SAB

Plaintiffs,

ORDER REQUIRING PLAINTIFFS TO
FILE NOTICE OF DISMISSAL WITHIN
TEN DAYS

v.

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CITY OF FRESNO, et al.,

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Defendants.

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The operative complaint in this action is the first amended complaint, filed May 9, 2014

18 against Defendants City of Fresno, Chief Jerry Dyer, Officer James Lyon, and Officer Kenneth
19 Webb alleging violations of the Fourth and Fourteenth Amendments and state law claims. (ECF
20 No. 19.) On June 1, 2015, Defendants filed a motion for summary judgment on the federal law
21 claims. (ECF No. 45.) Plaintiffs filed oppositions to the motion for summary judgment on July
22 8, 2015. (ECF Nos. 46, 47.)
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Plaintiffs’ oppositions state that they do not object to the complete dismissal of

24 Defendant Webb from this action, concede that no valid Monell claims exist against the City of
25 Fresno and Chief Jerry Dyer, and assert that the remaining defendants on the state and federal
26 law claims are Defendant Lyon and the City of Fresno. (ECF No. 46 at 6:17-23; ECF No. 47 at
27 2:11-17.)
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Accordingly, within ten (10) days from the date of service of this order, Plaintiffs shall

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2 file a notice of dismissal for those defendants against whom they no longer seek to proceed in
3 this action and any claims that are being abandoned.
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IT IS SO ORDERED.

6 Dated:

July 10, 2015
UNITED STATES MAGISTRATE JUDGE

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