Ronald Boone Sr. et al v. City of Los Angeles et al

Filing 172

JUDGMENT ON ORDER GRANTING DEFENDANT CRAIG MILLER'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT by Judge George H Wu, in favor of Craig Miller against Estate of Ronald Eulice Boone, Ronald Boone, Sr, Sharon Mosby (bp)

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1 2 3 4 5 6 700 SOUTH FLOWER STREET, SUITE 900 LOS ANGELES, CALIFORNIA 90017-4121 TELEPHONE (213) 426-2000 UNITED STATES DISTRICT COURT 8 HURRELL CANTRALL LLP 7 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 9 10 RONALD BOONE, SR., SHARON MOSBY, ESTATE OF RONALD 11 BOONE, Plaintiffs, 12 13 v. 14 CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT, 15 WILLIAM BRATTON, COUNTY OF LOS ANGELES, LOS ANGELES 16 COUNTY CORONER DEPARTMENT, ANTHONY 17 HERNANDEZ, LAKHSHMANAN SATHYAVAGISWARAN, AND 18 DOES 1 THROUGH 10, 19 CASE NO. CV 10-617-GW(CWx) [Assigned to Judge George H. Wu, Courtroom "10"] JUDGMENT ON ORDER GRANTING DEFENDANT CRAIG MILLER'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT Date: August 22, 2011 Time: 8:30 a.m. Dept.: 10 Trial Date: November 8, 2011 Defendants. 20 21 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: 22 Defendant CRAIG MILLER'S Motion to Dismiss and Motion to Strike 23 plaintiffs' Second Amended Complaint came on regularly for hearing on August 22, 24 2011, at 8:30 a.m. in Courtroom "10" of the above-entitled Court, and the issue 25 before the Court having been duly heard and considered, no just reason for delay of 26 entry of judgment having been found, and a decision having been duly rendered, IT 27 IS SO ORDERED AND ADJUDGED that: 28 1 (1) The Court's ruling on CRAIG MILLER's Motion to Dismiss and Motion 2 to Strike plaintiffs' Second Amended Complaint with prejudice shall constitute a 3 final judgment as to CRAIG MILLER because the Second Amended Complaint 4 failed to state a cause of action under F.R.C.P. 12(b)(6) and CRAIG MILLER is 5 entitled to qualified immunity, whereas: 6 (2) Plaintiffs RONALD BOONE, SR., SHARON MOSBY, and the ESTATE 7 OF RONALD BOONE shall take nothing against defendant CRAIG MILLER; and 700 SOUTH FLOWER STREET, SUITE 900 LOS ANGELES, CALIFORNIA 90017-4121 TELEPHONE (213) 426-2000 HURRELL CANTRALL LLP 8 (3) Defendant CRAIG MILLER shall have judgment against plaintiffs 9 RONALD BOONE, SR., SHARON MOSBY, and the ESTATE OF RONALD 10 BOONE pursuant to F.R.C.P. ยง 54(d). 11 12 13 14 DATED: September 1, 2011 15 The Honorable George H. Wu UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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