Polk v. Yee et al

Filing 63

ORDER signed by Chief District Judge Kimberly J. Mueller on 10/14/2020 DISMISSING all of plaintiffs' claims with prejudice and ORDERING that the Clerk of Court to ENTER FINAL JUDGMENT in this action. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DELORES POLK, et al.,

No. 2:18-cv-2900-KJM-KJN

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Plaintiffs,

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ORDER
v.
BETTY YEE, et al.,
Defendants.

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On April 19, 2019, the court heard two motions to dismiss in this putative class

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action based on 42 U.S.C. § 1983. See ECF Nos. 19 & 23. The motions were brought by

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defendants Betty Yee, State Controller of California, and SEIU Local 2015 (“SEIU” or “Union”).

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After hearing, the court submitted the motions. ECF No. 37. On August 24, 2020, the court

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granted defendants’ motions to dismiss with leave to amend claims one and two, subject to the

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pleading requirements of Federal Rule of Procedure 11. See generally Order, ECF No. 60. One

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month later, plaintiffs have requested the court issue an appealable final judgment, noting they do

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not intend to amend their First Amended Complaint, but rather intend to appeal its dismissal.

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ECF No. 62, at 2.

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The court having considered plaintiffs’ request, heard all persons properly
appearing and requesting to be heard, read and considered the motions to dismiss and supporting
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papers, finds good cause appearing to issue a final judgment. See Edwards v. Marin Park, Inc.,

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356 F.3d 1058, 1064 (9th Cir. 2004) (holding district court should enter final judgment

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dismissing all claims with prejudice and allow case in similar posture to go up on appeal).

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Accordingly, the court DISMISSES all of plaintiffs’ claims with prejudice and
ORDERS that the Clerk of Court ENTER FINAL JUDGMENT in this action.

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This order resolves ECF No. 62.

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IT IS SO ORDERED.

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DATED: October 14, 2020.

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