Stacker et al v. California Department of Corrections and Rehabilitation et al

Filing 28

ORDER signed by District Judge George H. Wu on 11/13/17. The court adopts its Tentative Ruling as its final decision on Defendants Department of Corrections and Rehabilitation and Christian Pfeiffer's Motion to Dismiss 23 . CASE CLOSED. (Mena-Sanchez, L)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:16-cv-2913-GHW

Title

Valerie J. Stacker, et al. v. California Department of Corrections and Rehabilitation, et
al.

Present: The Honorable

Date

November 13, 2017

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez

None Present

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None Present

None Present

PROCEEDINGS:

IN CHAMBERS - RULING ON MOTION TO DISMISS CORRECTED
FIRST AMENDED COMPLAINT BY DEFENDANTS CALIFORNIA
DEPARTMENT OF CORRECTIONS AND REHABILITATION AND
C. PFEIFFER [23]

The Court adopts its Tentative Ruling (provided to counsel today) as its final decision on
Defendants Department of Corrections and Rehabilitation and Christian Pfeiffer's Motion to Dismiss,
with the following additional comments. Plaintiff, who has the burden on the issue, has failed to come
forward with clearly established law in conformity with the tailoring required by cases such as the
Supreme Court's Brosseau decision (cited in the Tentative Ruling), meaning she cannot survive the
qualified immunity argument raised in the motion. In addition, Plaintiff has failed to state a claim
against Pfeiffer in his individual capacity. Although given the chance to provide an offer-of-proof as to
how she might amend to improve those allegations, Plaintiff's counsel's statements did not relate to
Pfeiffer and exhibited merely a hope that discovery might uncover some unspecified facts. A plaintiff
does not first get to take discovery in order to later be able to state a claim against a defendant.

:
Initials of Preparer
CV-90 (06/04)

CIVIL MINUTES - GENERAL

JG
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