Dabney et al v. City of Hayward et al

Filing 27

ORDER Signed by Magistrate Judge Bernard Zimmerman on 2/2/2010 Granting re 8 , re 17 & re 18 Motions to Dismiss; Vacating hearing presently scheduled for 2/17/2010; Granting leave to amend the federal claims. Plantiff shall file an amended complaint by 2/22/2010. (bzsec, COURT STAFF) (Filed on 2/2/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CITY OF HAYWARD, et al., Defendant(s). ROBERT DABNEY, et al., Plaintiff(s), ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No.

C09-4116 BZ

ORDER GRANTING MOTION TO DISMISS

Before the Court is the motion of defendant City of Hayward to dismiss this civil rights complaint on two grounds. Plaintiffs concede their failure to file a state administrative claim and do not oppose dismissal of their state law claims. As to the adequacy of the federal claims in the complaint, both sides' briefing is underwhelming. However,

the Court is concerned that the complaint may not meet the pleading requirements of Ashcroft v. Iqbal, U.S. ,

129 S. Ct. 1937 (2009), particularly as to the moving defendant. See Monell v. Department of Social Services, 436

U.S. 658, 692-95 (1978). 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Court finds no need for argument and VACATES the hearing presently scheduled for February 17, 2010. IT IS The

ORDERED that defendant's motion to dismiss is GRANTED.

state law claims are dismissed and leave to amend the federal claims is GRANTED. Plaintiff shall file an amended complaint

by February 22, 2010. Dated: February 2, 2010 Bernard Zimmerman United States Magistrate Judge
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