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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 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 10 11 12 13 14 15 16 17 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. / 18 19 On December 13, 2012, the Court granted Defendants’ motions to dismiss Plaintiffs’ sixth 20 and seventh causes of action for negligence as to the public entity Defendants. Dkt. No. 25. 21 Plaintiffs have now filed a Motion for Leave to File Motion for Reconsideration, arguing that they 22 should be permitted to amend their complaint to state common law negligence claims against the 23 City of Novato based on its vicarious liability for the negligence of its officers. However, Plaintiffs’ 24 complaint asserted negligence claims against the City of Novato directly, and not merely 25 vicariously. Thus, Plaintiffs’ motion is improper as no such allegations were before the Court at the 26 time of its Order. Accordingly, Plaintiffs’ motion is DENIED. So that the case may proceed on the 27 merits, if Plaintiffs maintain that they are permitted to bring a cause of action for vicarious liability 28 1 against the City of Novato, they shall include the claim in their amended complaint. Plaintiffs shall 2 file their amended complaint by January 17, 2013. 3 IT IS SO ORDERED. 4 5 6 Dated: January 3, 2013 MARIA-ELENA JAMES United States Magistrate Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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