Frary et al v. County of Marin et al

Filing 30

ORDER by Judge Maria-Elena James re #26 Motion for Leave to File. Plaintiffs to file amended complaint by 1/17/13. (cdnS, COURT STAFF) (Filed on 1/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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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,

United States District Court
For the Northern District of California

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No. C 12-3928 MEJ
ORDER DENYING PLAINTIFFS’
MOTION FOR LEAVE TO FILE
MOTION FOR RECONSIDERATION
Re: Docket No. 26

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 Defendants’ motions to dismiss Plaintiffs’ sixth

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and seventh causes of action for negligence as to the public entity Defendants. Dkt. No. 25.

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Plaintiffs have now filed a Motion for Leave to File Motion for Reconsideration, arguing that they

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should be permitted to amend their complaint to state common law negligence claims against the

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City of Novato based on its vicarious liability for the negligence of its officers. However, Plaintiffs’

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complaint asserted negligence claims against the City of Novato directly, and not merely

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vicariously. Thus, Plaintiffs’ motion is improper as no such allegations were before the Court at the

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time of its Order. Accordingly, Plaintiffs’ motion is DENIED. So that the case may proceed on the

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merits, if Plaintiffs maintain that they are permitted to bring a cause of action for vicarious liability

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against the City of Novato, they shall include the claim in their amended complaint. Plaintiffs shall

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file their amended complaint by January 17, 2013.

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IT IS SO ORDERED.

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Dated: January 3, 2013
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
For the Northern District of California

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