Sandoval et al v. County of Sonoma et al

Filing 58

ORDER granting 55 County Defendants' motion for leave to file a motion to reconsider portions of December 6, 2012 order and clarifying that claims dismissed in December 6, 2012 order were dismissed without prejudice. Signed by Judge Thelton E. Henderson on 01/02/2013. (tehlc2, COURT STAFF) (Filed on 1/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RAFAEL MATEOS-SANDOVAL
and SIMEON AVENDANDO RUIZ,

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Plaintiffs,
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v.
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COUNTY OF SONOMA, et al.,
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Defendants.
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For the Northern District of California

United States District Court

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NO. C11-5817 TEH
ORDER GRANTING COUNTY
DEFENDANTS’ MOTION FOR
LEAVE TO FILE A MOTION TO
RECONSIDER PORTIONS OF
DECEMBER 6, 2012 ORDER
AND CLARIFYING THAT
DISMISSAL WAS WITHOUT
PREJUDICE

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Defendants the County of Sonoma, the Sonoma County Sheriff’s Office, and SheriffCoroner Steve Freitas in his official capacity (collectively, “County Defendants”) have
submitted a motion for the Court’s consideration relating to its “Order Granting in Part and
Denying in Part Motions to Dismiss,” entered on December 6, 2012 (Docket No. 50). In
their motion, filed pursuant to Civil Local Rule 7-9(b)(3), County Defendants request leave
to file a motion to reconsider with respect to those portions of the December 6, 2012 Order
addressing the interpretation and application of California Vehicle Code § 12801.5(e), and
the interpretation and determination of the legislative intent underlying California Vehicle
Code § 14602.6(a).
Additionally, the Parties indicated in a joint stipulation filed on December 21, 2012
(Docket No. 54) that they are uncertain whether the Court’s dismissal of several of Plaintiffs’
claims in its December 6, 2012 Order was with leave to amend.
Upon careful consideration of these filings, and with good cause appearing therefor,
IT IS HEREBY ORDERED AS FOLLOWS:
1. Leave to amend is GRANTED with respect to all claims dismissed in the December
6, 2012 order; and

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2. County Defendants’ Motion for Leave to File a Motion to Reconsider is

2 GRANTED with respect to the following matters addressed in the Dismissal Order: (a) the
3 interpretation and application of Vehicle Code § 12801.5(e); and (2) the interpretation and
4 determination of legislative intent with respect to Vehicle Code § 14602.6(a). County
5 Defendants shall have 21 days from the date of this Order to file any such motion.
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IT IS SO ORDERED.

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_______________________________________
HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT JUDGE
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For the Northern District of California

United States District Court

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Dated: 01/02/2013

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