Neylon et al v. County of Inyo et al
Filing
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ORDER VACATING HEARING AND ORDER ON PLAINTIFFS' REQUEST TO CONSIDER RECENT AUTHORITY, signed by District Judge Anthony W. Ishii on 9/6/2016. (Kusamura, W)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MELISSA M. NEYLON and SHAWN P.
NEYLON,
Plaintiffs
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v.
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COUNTY OF INYO, INYO COUNTY
SHERIFF’S OFFICE, BILL LUTZE,
DOUGLAS RICHARDS, and DOES 1 to
50,
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CASE NO. 1:16-CV-00712 AWI JLT
ORDER VACATING HEARING AND
ORDER ON PLAINTIFFS’ REQUEST
TO CONSIDER RECENT AUTHORITY
(Doc. No. 16)
Defendants
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Currently pending before the Court is Defendants’ motion to dismiss. Hearing on the
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motion to dismiss is set for September 12, 2016. The Court has reviewed the papers and has
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determined that this matter is suitable for decision without oral argument. See Local Rule 230(g).
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Additionally, on August 29, 2016, Plaintiffs filed an opposition, and on September 2, 2016,
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Defendants filed a reply. On September 6, 2016, Plaintiffs filed a request to consider recent
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authority. See Doc. No. 16. The recent authority is an order on a Rule 12(b)(6) motion from the
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Central District of California. See id. The order involves similar issues to those raised in this case
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and was issued on August 30, 2016. See id. The Court will consider the recent decision from the
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Central District, and will give Defendants the opportunity to respond.1 If Defendants respond to
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the recent authority, and if the Court determines that a hearing would be beneficial, then the Court
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will set a new hearing date at that time. Otherwise, there will be no hearing on Defendants’
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motion to dismiss.
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By granting Plaintiffs’ request, the Court is expressing no opinion as to the merits of Defendants’ motion or to the
persuasive value, if any, of the Central District’s order.
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Accordingly, IT IS HEREBY ORDERED that:
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The September 12, 2016 hearing date on Defendants’ motion to dismiss is VACATED;
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Plaintiff’s request to consider recent authority is GRANTED; and
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If Defendants desire to respond to the recent authority identified by Plaintiffs, then
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Defendants may file a response on or by 4:00 p.m. on September 9, 2016.
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IT IS SO ORDERED.
Dated:
September 6, 2016
SENIOR DISTRICT JUDGE
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