Frary et al v. County of Marin et al

Filing 28

ORDER FOR DEFENDANT CITY OF NOVATO TO FILE RESPONSE re #26 MOTION for Leave to File Motion for Reconsideration. NO CHAMBERS COPY NEEDS TO BE SUBMITTED. Signed by Judge Maria-Elena James on 12/20/2012. (cdnS, COURT STAFF) (Filed on 12/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LYNETTE FRARY, Individually and as
Administrator of the Estate of Anthony Brandon
Carmignani, Deceased, JAMIE BALL, as
Natural Guardian of Amaya Carmignani, a
minor, and HEATHER HOWARD,

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United States District Court
For the Northern District of California

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ORDER RE: MOTION TO FILE
MOTION FOR RECONSIDERATION
(Docket No. 26)

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No. C 12-3928 MEJ

Plaintiffs,
vs.
COUNTY OF MARIN; CITY OF NOVATO;
SHERIFF ROBERT T. DOYLE, CHIEF
JOSEPH KREINS, DEPUTY RACHEL
HAMMER, OFFICER THOMAS
MACKENZIE, OFFICER MICHAEL DUNN,
OFFICER STEPHANIE COMMISTO, and
DOES 1 to 50, Inclusive,
Defendants.

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On December 13, 2012, the Court granted in part and denied in part the Defendants’ motions
to dismiss. Dkt. No. 25. Plaintiffs have now filed a Motion for Leave to File a Motion for
Reconsideration, stating that they wish to seek reconsideration of the Court’s holding to the extent it
denies them leave to amend the Sixth and Seventh Causes of Action to state claims against the
City of Novato only. Dkt. No. 26. The Court hereby ORDERS Defendant City of Novato to file any
response by December 27, 2012. Defendant’s response should not focus on the merits of any such
claim, but rather specifically on whether Plaintiffs are permitted to bring such a claim. If Defendant
agrees that Plaintiffs should be permitted leave to amend as requested, it should so state. Pending
resolution of this issue, the January 3, 2013 deadline to file an amended complaint is stayed.
IT IS SO ORDERED.

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Dated: December 21, 2012
MARIA-ELENA JAMES
United States Magistrate Judge