Allen v. County of Sonoma, et al

Filing 25

ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION TO STRIKE by Judge Yvonne Gonzalez Rogers; granting 16 Motion to Dismiss; denying Motion to Strike as moot. Amended Pleadings due by 6/30/2017. (fs, COURT STAFF) (Filed on 5/17/2017)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

JOHNNY VANCE ALLEN,
Plaintiff,

CASE NO.: 4:17-CV-00448-YGR
ORDER GRANTING MOTION TO DISMISS AND
DENYING TO MOTION TO STRIKE

vs.

13
14
15
16
17
18

COUNTY OF SONOMA, a governmental
entity; SONOMA COUNTY SHERIFF’S
OFFICE, a governmental entity; KYLE
PETERSON, a person; TRENT HARDEMAN,
a person; LAWRENCE MATELLI, a person;
and TWENTY UNKNOWN AGENTS OF THE
COUNTY OF SONOMA AND/OR SONOMA
COUNTY SHERIFF’S OFFICE,
Defendants.

19
20
21
22
23
24

The County of Sonoma, Sonoma County Sheriff’s Office, Kyle Peterson, Trent Hardeman and
Lawrence Matelli (collectively “defendants”) filed their Motion to Dismiss on March 30, 2017.

(Dkt. No. 16.) Plaintiff Allen filed his responsive brief on April 13, 2017. (Dkt. No. 17.)
Defendants filed their reply in support of the motion to dismiss on April 20, 2017. (Dkt. No. 20.)
Defendants further requested that plaintiff’s allegations regarding violation of equal protection be

25
stricken. The matter came on for hearing on May 16, 2017.
26
27
28

Having carefully considered the pleadings and the papers submitted on this motion, and the
hearing held on May 16, 2017, for the reasons stated on the record on May 16, 2017, the Court
GRANTS defendant’s motion to dismiss. Plaintiff is granted leave to amend and shall file an

1

amended complaint by June 30, 2017. Defendants’ motion to strike is DENIED as moot.

2
This Order terminates Dkt. No. 16.
3
IT IS SO ORDERED.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: May 17, 2017

_________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE