Estate of Derek Valentine, et al. v. County of Merced, et al.

Filing 40

ORDER DISREGARDING WITHDRAWN MOTIONS TO DISMISS, signed by Magistrate Judge Stanley A. Boone on 07/03/2024. Accordingly, based on Defendants' notice, Defendant CFMG's motion to dismiss, filed February 9, 2024, (ECF No. 14 ), and County Defendants' motion to dismiss, filed February 28, 2024, (ECF No. 20 ), are HEREBY DISREGARDED. (Nguyen, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESTATE OF DEREK VALENTINE, et al., Case No. 1:23-cv-01697-JLT-SAB Plaintiffs, 12 ORDER DISREGARDING WITHDRAWN MOTIONS TO DISMISS v. 13 (ECF Nos. 14, 20) 14 COUNTY OF MERCED, et al., 15 Defendants. 16 17 On February 9, 2024, Defendant California Forensic Medical Group (“Defendant 18 CFMG”) filed a motion to dismiss. (ECF No. 14.) On February 28, 2024, Defendants County of 19 Merced, Merced County Sheriff’s Office, and Vernon Warnke (“County Defendants”) filed a 20 motion to dismiss. (ECF No. 20.) The motions were referred to the undersigned. (ECF Nos. 17, 21 21.) 22 On June 25, 2024, the parties filed a stipulation for the filing of a first amended 23 complaint, and the amended complaint was filed. (ECF Nos. 34, 35.) On June 28, 2024, an 24 order issued directing Defendants to either file a motion to withdraw their motion to dismiss or a 25 notice informing the Court why their motion is not moot based on the filing of the first amended 26 complaint. (ECF No. 37.) On July 1, 2024, Defendant CFMG filed a notice of withdrawal of the 27 pending motion to dismiss. (ECF No. 38.) On July 2, 2024, County Defendants filed a notice of 28 withdrawal of their pending motion to dismiss. (ECF No. 39.) 1 Accordingly, based on Defendants’ notice, Defendant CFMG’s motion to dismiss, filed 1 2 February 9, 2024, (ECF No. 14), and County Defendants’ motion to dismiss, filed February 28, 3 2024, (ECF No. 20), are HEREBY DISREGARDED. 4 5 IT IS SO ORDERED. 6 Dated: July 3, 2024 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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