Cardenas et al v. City Of Oakland et al

Filing 25

ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS WITHOUT PREJUDICE by Hon. William Alsup [finding as moot 9 Motion to Dismiss]. Amended Complaint due by NOON on 2/16/2017. Case Management Statement due by 3/30/2017. Motion to dismiss due by NOON ON 3/2/2017. Initial Case Management Conference set for 4/6/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (whasec, COURT STAFF) (Filed on 1/12/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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RITA CARDENAS, an individual, L.V., by and
through her guardian ad litem Ruby Cardenas, L.M.,
by and through her guardian ad litem Ruby
Cardenas, and DAVID ORTIZ, an individual,

No. C 16-05205 WHA

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Plaintiffs,
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v.
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COUNTY OF ALAMEDA, a municipal corporation;
CITY OF OAKLAND, a municipal corporation;
SCOTT SEDER, RICHARD COGLIO, VICTOR
GARCIA, and DOES 1-25, individually and in their
official capacities,

ORDER DENYING AS
MOOT DEFENDANT’S
MOTION TO DISMISS
WITHOUT PREJUDICE

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Defendants.
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In light of the plan discussed at today’s hearing, as set forth here, the County’s motion
is DENIED AS MOOT, without prejudice to a renewed motion directed at the forthcoming
amended pleadings. The Court ORDERS the County of Alameda to turn over all readily
available documents, so that plaintiffs can evaluate the facial plausibility of their claims.
Plaintiffs will have the opportunity to file a new complaint. Defendants will have the
opportunity to answer with a new motion to dismiss. The preliminary discovery shall be
produced by JANUARY 26 AT NOON. Plaintiffs shall file their amended complaint by
FEBRUARY 16 AT NOON. Defendants shall move to dismiss or state their intent to answer the

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complaint by MARCH 2 AT NOON. The case management conference will be postponed until

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APRIL 6, in conjunction with the hearing on the motion to dismiss.

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IT IS SO ORDERED.

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Dated: January 12, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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