Lepp et al v. Yuba County et al

Filing 141

ORDER signed by District Judge Kimberly J. Mueller on 3/29/2019 ADOPTING 136 Findings and Recommendations. Plaintiffs' 109 motion under Rule 60(d)(3) is DENIED. Defendants Michael Vroman and Yolo County Sheriff's Department 111 motio n to strike plaintiffs' supplemental complaint is GRANTED. Defendant Brandon Olivera's 68 motion to strike is DENIED as to that component of the motion only. Defendants' 68 , 69 , 70 , 75 , 95 , 98 motions to dismiss are GRA NTED as detailed in the magistrate judge's findings and recommendations. DefendantsBrandon Olivera, Lori Ajax, Chris Monaco, Brandon Spears, Jeremy Strange, JohnVacek, Yuba County, Yuba County Sheriff's Department, Michael Vroman, YoloCount y Sheriff's Department, Rick DiBasilio and Calaveras County Sheriff'sDepartment are DISMISSED from this case. Defendant Net-5's 128 motion to set aside default is GRANTED and the Clerk is instructed to SET ASIDE its default. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REVEREND HEIDI LEPP, et al.,

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No. 2:17-cv-1317-KJM-EFB PS

Plaintiffs,
v.

ORDER

YUBA COUNTY, et al.,
Defendants.

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On March 12, 2019, the magistrate judge filed findings and recommendations, which were

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served on the parties and which contained notice that any objections to the findings and

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recommendations were to be filed within fourteen days. Plaintiffs filed objections and a

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supporting declaration on March 27, 2019, and they were considered by the undersigned.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having reviewed the file, the court finds the

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findings and recommendations to be supported by the record and by the proper analysis.

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Accordingly, IT IS ORDERED that:

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1. The Findings and Recommendations filed March 12, 2019, are ADOPTED.

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2. Plaintiffs’ motion under Rule 60(d)(3) (ECF No. 109) is denied.

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3. Defendants Michael Vroman and Yolo County Sheriff’s Department motion to strike

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plaintiffs’ supplemental complaint (ECF No. 111) is granted.

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4. Defendant Brandon Olivera’s motion to strike (ECF No. 68-1) is denied as to that
component of the motion only.
5. Defendants’ motions to dismiss (ECF Nos. 68, 69, 70, 75, 95, 98) are granted as

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detailed in the magistrate judge’s findings and recommendations. As such, defendants

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Brandon Olivera, Lori Ajax, Chris Monaco, Brandon Spears, Jeremy Strange, John

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Vacek, Yuba County, Yuba County Sheriff’s Department, Michael Vroman, Yolo

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County Sheriff’s Department, Rick DiBasilio and Calaveras County Sheriff’s

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Department are dismissed from this case.

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6. Defendant Net-5’s motion to set aside default (ECF No. 128) is granted and the Clerk
is instructed to set aside its default.
7. This matter is referred back to the assigned magistrate judge for all further pretrial
proceedings.
DATED: March 29, 2019.

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UNITED STATES DISTRICT JUDGE

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