Gary Martinovsky, et al v. County of Alameda et al

Filing 34

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS. Plaintiffs' Amended Complaint shall be filed no later than June 24, 2016. Signed by Judge Maxine M. Chesney on 5/20/16. (mmcalc, COURT STAFF) (Filed on 5/20/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GARY MARTINOVSKY, et al.,
Plaintiffs,

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v.

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COUNTY OF ALAMEDA, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 16-cv-00403-MMC
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS'
MOTIONS TO DISMISS
Re: Dkt. Nos. 21, 23

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Before the Court are two motions: (1) "Motion to Dismiss Plaintiffs' Complaint

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[FRCP Rule 12(b)(6)] and, in the Alternative, Motion for More Definite Statement [FRCP

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Rule 12(e)]," filed Apr. 7, 2016, by defendants County of Alameda, Nancy O'Malley

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("O'Malley"), John Paul Williams, and Eddie Bermudez (collectively, "County

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defendants"); and (2) "Motion to Dismiss; Request for a Stay," filed Apr. 8, 2016, by

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defendant Fernando Cubangbang ("Cubangbang"). Plaintiffs Gary Martinovsky and

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Integrated Pain Care, Inc. (collectively, "plaintiffs"), have filed opposition to each motion,

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to which the County defendants and Cubangbang have replied.1

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The matters came on regularly for hearing on May 20, 2016. John Burton of The

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Law Offices of John Burton appeared on behalf of plaintiffs. Michael C. Wenzel of

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Bertrand, Fox, Elliot, Osman, & Wenzel appeared on behalf of the County defendants.

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Micah C. Osgood appeared on behalf of Cubangbang.

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The Court having read and considered the parties' respective written submissions

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On Apr. 22, 2016, in connection with their opposition to Cubangbang's motion,
plaintiffs filed a Request for Judicial Notice, which request is granted.

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and the arguments of counsel at the hearing, and for the reasons stated on the record at

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the hearing, the motions are hereby GRANTED in part and DENIED in part as follows.

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1. The First Claim for Relief, titled "Deprivation of Civil Rights—42 U.S.C. § 1983:

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Individual Liability," is DISMISSED in its entirety. Such dismissal is without

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leave to amend to the extent the claim is brought against defendant O'Malley,

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and with leave to amend to the extent the claim is brought against the

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remaining individual defendants.

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2. The Second Claim for Relief, titled "Deprivation of Civil Rights—42 U.S.C.
§ 1983: Entity and Supervisory Liability," is DISMISSED in its entirety. Such

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dismissal is without leave to amend to the extent the claim is brought against

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United States District Court
Northern District of California

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defendant O'Malley in her official capacity, and with leave to amend to the

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extent the claim is brought against said defendant in her individual capacity

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and the County of Alameda.

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3. To the extent the County defendants' and Cubangbang's motions seek a more
definite statement, such requests are DENIED as moot.
4. To the extent Cubangbang's motion seeks a stay of the instant proceedings,

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such request is DENIED without prejudice to renewal, if appropriate, at a later

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date.

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5. Plaintiffs' Amended Complaint shall be filed no later than June 24, 2016.

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IT IS SO ORDERED.

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Dated: May 20, 2016
MAXINE M. CHESNEY
United States District Judge

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