Crime, Justice & America, Inc., et al vs. Reniff

Filing 66

ORDER signed by Judge Garland E. Burrell, Jr on 12/21/2012 DENYING 58 Motion for Judgment and 60 Motion for Summary Judgment.(Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CRIME, JUSTICE & AMERICA, INC.,
a California Corporation; and
RAY HRDLICKA, an individual,
Plaintiffs,

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v.

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JERRY W. SMITH, in his official
capacity of Sheriff of the
County of Butte, California,

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Defendant.
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2:08-cv-00343-GEB-EFB
ORDER DENYING MOTION FOR
ENTRY OF JUDGMENT AND MOTION
FOR PARTIAL SUMMARY JUDGMENT

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Plaintiffs’ motion for entry of judgment, filed on November 2,

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2012, (ECF No. 58), and Plaintiffs’ motion for partial summary judgment,

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filed on November 16, 2012, (ECF No. 60), are denied since the motions

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concern

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pleading, since Plaintiffs filed a First Amended Complaint on December

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18, 2012. See Hal Roach Studios, Inc., v. Richard Feiner & Co., Inc.,

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896 F.2d 1542, 1546 (9th Cir. 1989) (stating “an amended pleading

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supersedes the original”); Spokane Cnty. Legal Servs., Inc. v. Legal

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Servs. Corp., 614 F.2d 662, 666 (9th Cir. 1980) (approving “deni[al of

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Defendant’s] motion for summary judgment on the basis that it was moot”

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after “the filing of the second amended complaint”); Williams v. Conn.

Plaintiffs’

Complaint,

which

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is

no

longer

the

operative

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Gen. Life Ins. Co., No. CIV 06-2747 PHX RCB, 2008 WL 4183372, at *2 (D.

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Ariz. Sept. 10, 2008) (denying as moot summary judgment motion after

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filing of amended complaint even though there may “be no meaningful

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distinction between the original and the amended complaint, at least

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insofar as defendants frame their summary judgment arguments” because

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“[t]he court is not free to speculate in that regard”).

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Dated:

December 21, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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