Dorger et al v. City of Napa et al

Filing 30

ORDER ENTERING TENTATIVE RULING ON MOTION TO DISMISS AS ORDER OF THE COURT by Judge Yvonne Gonzalez Rogers granting 17 Motion to Dismiss with Leave to Amend. The May 15, 2012 hearing on the motion is VACATED. (fs, COURT STAFF) (Filed on 5/14/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAMANDA DORGER, GABRIELLE POCCIA,
Plaintiffs,

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Northern District of California

United States District Court

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Case No.: C-12-440 YGR
ORDER ENTERING TENTATIVE RULING ON
MOTION TO DISMISS AS ORDER OF COURT

vs.
CITY OF NAPA, NAPA POLICE CHIEF
RICHARD MELTON, OFFICER BRAD BAKER,
OFFICER NICK DALESSI,

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Defendants.

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Pursuant to the parties’ stipulation (Dkt. No. 29, “the Stipulation”), the Court’s Notice of
Tentative Ruling On Motion to Dismiss, Dkt. No. 28 (“Tentative Ruling”), shall be the Order of the
Court, with the additional provision pursuant to the Stipulation, as follows:

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Chief Richard Melton is dismissed without prejudice. The parties will proceed with discovery,

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and plaintiff may seek to amend the complaint to add him as a defendant should discovery warrant

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such an amendment. Should the Court grant that motion, such amendment will relate back to the

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timing of the original complaint.

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Accordingly, for the reasons set forth in the Tentative Ruling, Defendants’ Motion to Dismiss,

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Dkt. No. 17, is GRANTED WITH LEAVE TO AMEND consistent with the Tentative Ruling and the

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Stipulation. Plaintiffs shall file and serve an amended complaint no later than June 5, 2012.
Defendants shall file and serve a response within 21 days of receipt of the amended complaint.

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The May 15, 2012 hearing on the motion is VACATED.

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This Order Terminates Docket Number 17.

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IT IS SO ORDERED.
Date: May 14, 2012
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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