Lepp et al v. Yuba County et al

Filing 60

ORDER signed by District Judge Kimberly J. Mueller on 3/27/18 ADOPTING 56 FINDINGS AND RECOMMENDATIONS: 21 Motion to Set Aside is granted and the clerk's entry of default as to Monaco is set aside; 23 Motion to Dismiss is deni ed; 24 Motion to Dismiss is granted; 26 Motions to Dismiss and to Strike are granted; 34 Motion to Strike is granted; 44 Motion to Amend the Complaint is denied as moot; 11 Motion for injunctive relief is denied; 12 Motion for TRO is denied. Plaintiff is granted thirty days from the date of this order to file an amended complaint. (Kaminski, H)

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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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Plaintiffs,

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

v.

ORDER

YUBA COUNTY, et al.,

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Defendants.

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On March 8, 2018, the magistrate judge filed findings and recommendations,

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

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and recommendations were to be filed within fourteen days. ECF No. 56. Plaintiff filed

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objections on March 20, 2018. See ECF No. 58.

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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:

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1. The Findings and Recommendations filed March 8, 2018, are adopted;

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2. Defendants Strang and the County of Yuba’s motion to dismiss (ECF No. 23) is

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denied;

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3. Defendants Vroman and Olivera’s motions to dismiss and strike all plaintiffs other than
Ms. Lepp (ECF Nos. 26, 34) are granted;

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4. Defendants Ajax, Vroman, and Olivera’s motions to dismiss the complaint for failure

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to state a claim (ECF Nos. 24, 26, 34) are granted and the amended complaint is dismissed with

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leave to amend;

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5. Plaintiff Lepp’s motions for injunctive relief (ECF Nos. 11, 12) are denied;

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6. Plaintiff Lepp’s motion to amend the complaint (ECF No. 44) is denied as moot;

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7. Defendant Chris Monaco’s motion to set aside default (ECF No. 21) is granted and the

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clerk’s entry of default as to Monaco is set aside; and
8. Plaintiff is granted thirty days from the date of this order to file an amended complaint

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as provided in the magistrate judge’s findings and recommendations.

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DATED: March 27, 2018.

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UNITED STATES DISTRICT JUDGE

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