Hartnett v. Placer County Superior Court, et al

Filing 35

ORDER signed by Judge Garland E. Burrell, Jr. on 9/16/2014 DENYING defendants' 13 Motion to Dismiss since it does not address operative Third Amended Complaint. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Stacey Victoria Hartnett,

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No. 2:13-cv-01636-GEB-KJN

Plaintiff,
v.
COUNTY OF PLACER, a public
entity; PLACER COUNTY
DEPARTMENT OF HEALTH AND
HUMAN SERVICES (CSOC), a
public entity; PLACER COUNTY
COURT APPOINTED SPECIAL
ADVOCATES (CASA), a public
entity; RICHARD J. BURTON,
M.D., M.P.H., DIRECTOR as an
individual and-in official
capacity; KEVIN HENDERSON, as
an individual and-in official
capacity; DIANA RYAN, Program
Supervisor, as an individual
and-in official capacity; H.
PAUL SANDERS, as an
individual and-in official
capacity; APRIL CAREW, as an
individual, and-in official
capacity; KATHY TANNER, as an
individual, and-in official
capacity; KAREN SCHLANGER, as
an individual and-in official
capacity; CANDACE SKINNER, as
an individual and-in official
capacity; TOM LIND, as an
individual and-in official
capacity; ROMNEY LYNN, as an
individual and-in official
capacity; DON KLEINDER, CASA
DIRECTOR, as an individual
and-in, official capacity;
TAMARA LARSON, CASA worker as
an individual and-in official
capacity; and Does 1 through

ORDER DENYING MOTION TO DISMISS,
AND IN THE ALTERNATIVE, STAY

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25 inclusive,
Defendants.*

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On January 2, 2014, Defendant Placer County Health and

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Human Services and former Defendant Placer County Sheriff’s Dept.

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filed a Motion to Dismiss, and in the Alternative, Stay. (ECF No.

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13.) However, Plaintiff filed a Third Amended Complaint on June

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6, 2014, which is now the operative pleading.

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Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546

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(9th

Cir.

1989)

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original”).
Since

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(stating

the

“an

amended

referenced

motion

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Dated:

does

supersedes

not

address

the

the

operative pleading, it is DENIED.

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pleading

See Hal Roach

September 16, 2014

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*

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The caption has been amended to reflect
Christine Taylor Brown. (See ECF No. 32.)

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the

dismissal

of

Defendant