Gregory v. Fresno County, et al

Filing 76

ORDER Lifting Stay of Action; Entering Judgment in Favor of County of Fresno, Lisa Smittcamp, and Jeffrey Duprey; and Granting Plaintiff's Leave to File Amended Complaint, signed by Chief Judge Lawrence J. O'Neill on 2/11/19. 45-Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW G. GREGORY, et al.,
Plaintiffs,

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Case No. 1:18-cv-00524-LJO-SAB
ORDER LIFTING STAY OF ACTION;
ENTERING JUDGMENT IN FAVOR OF
COUNTY OF FRESNO, LISA SMITTCAMP,
AND JEFFREY DUPREY; AND
GRANTING PLAINTIFFS LEAVE TO FILE
AMENDED COMPLAINT

v.

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FRESNO COUNTY, et al.,

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Defendants.

(ECF Nos. 74)

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FORTY-FIVE DAY DEADLINE

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On December 13, 2018, an order adopting was filed staying this action and requiring the

19 parties to file a joint notice of the status of the state court action. On February 9, 2019, the
20 parties filed a joint status report. While the parties disagree regarding whether time has lapsed
21 for Plaintiffs to appeal the state court judgment, they agree that the stay of this action should be
22 lifted. Defendants County of Fresno, Lisa Smittcamp, and Jeffrey Duprey request that judgment
23 be entered on their behalf based on the order granting their motion to dismiss.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

The stay in this action is LIFTED;

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2.

Judgement is ENTERED in favor of Defendants County of Fresno, Lisa
Smittcamp, and Jeffrey Duprey;

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3.

Plaintiffs SHALL FILE an amended complaint within forty-five (45) days of the

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date of entry of this order;

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4.

including any exhibits incorporated by reference; and

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Plaintiffs’ amended complaint SHALL NOT exceed twenty-five pages in length

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If Plaintiffs fail to file an amended complaint in compliance with this order, the
Court may impose sanctions up to and including dismissal of this action.

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7 IT IS SO ORDERED.
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Dated:

February 11, 2019

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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