Yousif v. San Mateo County Sheriff et al

Filing 94

RULE 54(b) JUDGMENT. Signed by Judge Alsup on 1/25/17. (whalc1, COURT STAFF) (Filed on 1/25/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 OSMAN YOUSIF, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 15-04887 WHA v. 16 COUNTY OF SAN MATEO, SHERIFF GREG MUNKS, DEPUTY CHRIS LOUBAL, DEPUTY CHRIS LAUGHLIN, DEPUTY DeFRANCE McLEMORE, CITY OF MENLO PARK, OFFICER CHRIS ADAIR, and DOES 1–100, 17 Defendants. 14 15 RULE 54(b) JUDGMENT / 18 19 An order dismissed all claims against certain defendants, but allowed plaintiff to seek 20 leave to amend those claims (Dkt. No. 54). Plaintiff declined to seek leave to amend. An order 21 dismissed all claims against those defendants for lack of prosecution (Dkt. No. 62). Pursuant to 22 Rule 54(b) and in accordance with Continental Airlines, Inc. v. Goodyear Tire & Rubber Co., 23 819 F.2d 1519, 1525 (9th Cir. 1987), this order finds there is no just reason for delaying the 24 entry of judgment against those defendants, because the dismissal for lack of prosecution does 25 not overlap with the remaining issues in the case, and because those defendants seek to apply 26 their dismissal herein as res judicata in a subsequent case based on the same facts also pending 27 before the undersigned. 28 1 Accordingly, FINAL JUDGMENT IS HEREBY ENTERED in favor of the City of Menlo 2 Park, the County of San Mateo, Sheriff Greg Munks, and Deputy Sheriff Chris Laughlin and 3 against plaintiff Osman Yousif. 4 5 IT IS SO ORDERED. 6 7 Dated: January 25, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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