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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OSMAN YOUSIF,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 15-04887 WHA

v.

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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,

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Defendants.

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RULE 54(b) JUDGMENT

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An order dismissed all claims against certain defendants, but allowed plaintiff to seek

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leave to amend those claims (Dkt. No. 54). Plaintiff declined to seek leave to amend. An order

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dismissed all claims against those defendants for lack of prosecution (Dkt. No. 62). Pursuant to

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Rule 54(b) and in accordance with Continental Airlines, Inc. v. Goodyear Tire & Rubber Co.,

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819 F.2d 1519, 1525 (9th Cir. 1987), this order finds there is no just reason for delaying the

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entry of judgment against those defendants, because the dismissal for lack of prosecution does

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not overlap with the remaining issues in the case, and because those defendants seek to apply

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their dismissal herein as res judicata in a subsequent case based on the same facts also pending

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before the undersigned.

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Accordingly, FINAL JUDGMENT IS HEREBY ENTERED in favor of the City of Menlo

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Park, the County of San Mateo, Sheriff Greg Munks, and Deputy Sheriff Chris Laughlin and

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against plaintiff Osman Yousif.

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IT IS SO ORDERED.

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Dated: January 25, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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