Crime, Justice & America, Inc. et al v. McGinness, Sheriff

Filing 72

ORDER signed by Judge Garland E. Burrell, Jr on 1/16/13 DENYING 59 Motion for Entry of Judgment and 61 Motion for Partial Summary Judgment. (Manzer, C)

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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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SCOTT JONES, in his official
capacity of Sheriff of the
County of Sacramento,
California,
Defendant.
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2:08-cv-00394-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. 59), and Plaintiffs’ motion for partial summary judgment,

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filed on November 16, 2012, (ECF No. 61), are denied because the motions

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concern

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pleading, since Plaintiffs filed a First Amended Complaint on January

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15, 2013. 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” due to “the filing of the

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second amended complaint”); Williams v. Conn. Gen. Life Ins. Co., No.

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CIV 06-2747 PHX RCB, 2008 WL 4183372, at *2 (D. Ariz. Sept. 10, 2008)

Plaintiffs’

Complaint,

which

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is

no

longer

the

operative

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(denying summary judgment motion after filing of amended complaint even

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though there may “be no meaningful distinction between the original and

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the amended complaint, at least insofar as defendants frame their

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summary judgment

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speculate in that regard”).

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Dated:

arguments,”

because

“[t]he

court

is

not

free to

January 16, 2013

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

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