Doherty v. City of Alameda et al

Filing 24

ORDER Signed by Mag. Judge Elizabeth D. Laporte Granting in part and denying in part re 6 Defendants' Motion to Dismiss First Amended Complaint. (edllc1, COURT STAFF) (Filed on 1/14/2010)

Case3:09-cv-04961-EDL Document23

Filed01/13/10 Page1 of 2

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

Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Teresa L. Highsmith State Bar No. 155262 Laura E. Zagaroli, State Bar No. 251682 Office of the City Attorney 2263 Santa Clara Avenue, Room 280 Alameda, California 94501-4477 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CITY OF ALAMEDA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN DOHERTY, Plaintiff, vs. CITY OF ALAMEDA AND CITY OF ALAMEDA HOUSING AND BUILDING CODE HEARING AND APPEALS BOARD, Defendants.

Case No.: CV09 4961 EDL [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT [FRCP 12(b)(6)]

Defendant City of Alameda's Motion to Dismiss the First Amended Complaint of plaintiff John Doherty came on regularly for hearing on December 15, 2009, before the Honorable Elizabeth D. Laporte, Magistrate Judge. Lee Grant appeared on behalf of plaintiff John Doherty and Laura E. Zagaroli and Gregory M. Fox appeared on behalf of defendant. The Court, having considered all the papers and pleadings on file herein and the oral argument of counsel, HEREBY ORDERS THAT: Defendant's Motion to Dismiss the First Cause of Action of the First Amended Complaint is denied.
1

[PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT

Case3:09-cv-04961-EDL Document23

Filed01/13/10 Page2 of 2

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

Defendant's Motion to Dismiss the Second Cause of Action of the First Amended Complaint is granted with leave to amend. Defendant's Motion to Dismiss the Third Cause of Action of the First Amended Complaint is granted with prejudice as unopposed by plaintiff. The matter is ordered to Early Neutral Evaluation. The Case Management Conference and related Rule 26 disclosures continued to March 30, 2010. A joint case management conference statement to be filed on or before March 23, 2010. Formal discovery stayed pending completion of the ENE but each party may in the meantime take 1 or 2 depositions to facilitate the ENE. IT IS SO ORDERED.

Dated: January 14, 2010 UNITED STATES DISTRICT JUDGE MAGISTRATE

Approved as to form: /s/ Lee Grant, Attorney for Plaintiff
ATTORNEY ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a conformed signature ("/s/") within this E-filed document.

Dated: January 13, 2010

/s/ Gregory M. Fox

2

[PROPOSED] ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT