Crenshaw v. City of Oakland et al

Filing 20

ORDER by Judge Charles R. Breyer granting in part and denying in part 5 Motion to Dismiss; granting in part and denying in part 13 Ex Parte Application. (crblc1, COURT STAFF) (Filed on 2/12/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

LORENZO CRENSHAW, Plaintiff, v. CITY OF OAKLAND, et al., Defendants. /

No. C 08-05161 CRB ORDER

Now pending before the Court is defendant's motion to dismiss and motion to continue scheduling order dates. Plaintiff has filed an opposition to the scheduling order motion but not to the motion to dismiss. After carefully considering the parties' papers the Court concludes that oral argument is unnecessary, see Local Rule 7-1(b), and rules as is set forth below. Defendant's motion to dismiss the due process claim is GRANTED without leave to amend. Plaintiff did not file an opposition and it appears to the Court that amendment of this claim would be futile. Defendant's motion to dismiss the equal protection claim and the Monell claim is GRANTED with leave to amend. Defendant's motion to dismiss the DOE defendants is DENIED without prejudice. Defendant's motion to continue the scheduling order dates is GRANTED in part and DENIED in part. The parties shall appear for a case management conference at 8:30 a.m. on

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Friday, February 27, 2009. Counsel for plaintiff is directed to contact defendant's counsel within 24 hours of the filing of this Order to meet and confer on the preparation of a Joint Case Management Conference Statement. The deadline for filing the statement, the Rule 26(f) Report and to complete initial disclosures is continued to February 20, 2009. IT IS SO ORDERED. Dated: Feb. 12, 2009

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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