G.F. et al v. Contra Costa County et al

Filing 90

ORDER by Judge Saundra Brown Armstrong (denying 43 Motion to Dismiss; 62 Motion to Dismiss; and 8 Motion to Certify Class). (ndr, COURT STAFF) (Filed on 12/30/2013)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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G.F., by and through her guardian ad litem,
Gail F.; W.B., by and through his guardian ad
litem, CiCi C.; Q.G., by and through his
guardian ad litem, Barbara C.; and on behalf of
themselves and a class of those similarly
situated,

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Docket 8, 43, 62

vs.
CONTRA COSTA COUNTY, et al.,
Defendants.

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ORDER

Plaintiffs,

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Case No: C 13-03667 SBA

On August 8, 2013, Plaintiffs commenced the instant putative class action and filed
a motion for class certification. Dkt. 1, 8. On September 12, 2013, Defendants Contra
Costa County, Contra Costa County Department of Probation, Philip Kader, and Bruce
Pelle filed a motion to dismiss the complaint. Dkt. 43. On October 17, 2013, Defendants
Contra Costa County Office of Education, Joseph A. Ovick, and Lynn Mackey filed a
revised motion to dismiss the complaint. Dkt. 62. On December 24, 2013, Plaintiffs filed a
first amended complaint.1 Dkt. 87. Accordingly,
IT IS HEREBY ORDERED THAT:
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Defendants Contra Costa County, Contra Costa County Department of

Probation, Philip Kader, and Bruce Pelle’s motion to dismiss the complaint is DENIED as
MOOT.

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The named Defendants are Contra Costa County and Contra Costa County Office
of Education. Dkt. 87.

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Defendants Contra Costa County Office of Education, Joseph A. Ovick, and

Lynn Mackey’s revised motion to dismiss the complaint is DENIED as MOOT.

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3.

Plaintiffs’ motion for class certification is DENIED without prejudice.

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Plaintiffs may refile their motion for class certification by no later than ten (10) days from

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the date this Order is filed. Plaintiffs shall notice the motion for hearing on March 18,

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2014. Defendants shall file their oppositions by no later than February 7, 2014. Plaintiffs

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shall file their reply briefs by no later than February 28, 2014.

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IT IS SO ORDERED.

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Dated:

This Order terminates Docket 8, 43, and 62.

12/30/2013

________________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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