Meagan Long et al v. County of San Bernardino et al
Filing
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ORDER RE: MOTION TO DISMISS AND JUDGMENT by Judge Manuel L. Real 22 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the plaintiffs motion to remand is hereby converted to a motion to voluntarily dismiss all plaintiffs federal claims. That all fed eral causes of action in the complaint are dismissed with prejudice and the state causes of action are dismissed without prejudice. All hearing dates in this action are vacated. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendants are entitled to judgment in their favor against plaintiffs on the federal claims for relief. Defendants are entitled to their statutory costs as allowable by law. (MD JS-6, Case Terminated). (pj)
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Tristan G. Pelayes, Esq., CA Bar No. 206696
WAGNER & PELAYES, LLP
1325 Spruce Street, Suite 200
Riverside, CA 92507
Telephone: (951) 686-4800
Fax:
(951) 686-4801
tgp@wagner-pelayes.com
JS-6
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Attorneys for Defendants,
COUNTY OF SAN BERNARDINO, MIKE LANDAVAZO, and JANNA
KOVENSKY
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
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Plaintiffs,
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v.
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COUNTY OF SAN BERNARDINO )
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MIKE LANDAVAZO as an
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individual and official capacity; )
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JANNA KOVENSKY, as an
individual and official capacity )
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and DOES 1-20 et seq.
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Defendants.
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MEAGAN LONG, JEREMY
GONZALEZ,
CASE NO.: EDCV 12-1606
R(SPx)
ORDER RE: MOTION TO
DISMISS AND JUDGMENT
Trial Date: September 17,
2013
Honorable Manuel L. Real
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TO PLAINTIFFS AND THEIR ATTORNEY OF RECORD:
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The motion for remand filed by the plaintiffs on June 19, 2013 came on
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TGP:cat:et
regularly for hearing on August 5, 2013. No appearance was made by
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plaintiff’s counsel.
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___________________________________________________________________________________________________________________
[PROPOSED] ORDER RE: MOTION TO DISMISS AND JUDGMENT
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The Court finds that the case cannot be remanded and the Court
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construed the plaintiff’s motion to remand to be a motion to voluntarily
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dismiss plaintiff’s federal claims. The Court grants the motion to dismiss the
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federal causes of action in the complaint with prejudice and the Court further
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declines to retain jurisdiction over the state causes of action, and dismisses
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the state causes of action without prejudice.
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
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plaintiff’s motion to remand is hereby converted to a motion to voluntarily
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dismiss all plaintiffs’ federal claims. That all federal causes of action in the
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complaint are dismissed with prejudice and the state causes of action are
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dismissed without prejudice. All hearing dates in this action are vacated.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that
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defendants are entitled to judgment in their favor against plaintiffs on the
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federal claims for relief. Defendants are entitled to their statutory costs as
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allowable by law.
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DATED: August 16, 2013
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________________________________________
U.S. DISTRICT COURT JUDGE
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___________________________________________________________________________________________________________________
[PROPOSED] ORDER RE: MOTION TO DISMISS AND JUDGMENT
PROOF OF SERVICE
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STATE OF CALIFORNIA
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COUNTY OF RIVERSIDE )
I, the undersigned, declare:
I am employed in the County of Riverside, State of
California. I am over the age of 18 years and not a party to this
action; my business address is 1325 Spruce Street, Suite 200,
Riverside, California 92507.
On the date written below, I served the document named below
on the parties indicated below, in the following manner:
(By Mail) I am familiar with this office’s practice for the
collection and processing of documents for mailing with the
United States Postal Service. The documents are deposited with
the United States Postal Service on the same day in the
ordinary course of business. I placed a true copy of the
document thereof in a sealed envelope and caused said
document(s) to be delivered in this manner.
(By Facsimile) I am familiar with this office’s practice for the
facsimile transmission of documents. I caused said
document(s) to be sent to the facsimile numbers listed below
and caused said machine to print a transmission record, a copy
of which I have retained. The sending machine is (951) 6864801.
DOCUMENT:
[Proposed] Order re: Motion to Dismiss and
Judgment
PARTIES SERVED:
Ralph R. Rios, Esq.
Ralph M. Rios, Esq.
RIOS & ASSOCIATES
36 W. Colorado Blvd., Suite 301
Pasadena, CA 91105
Tel: (626) 583-1100
Fax: (626) 5831475
rmr@rrioslaw.com
Attorneys for Plaintiffs
(FEDERAL) I declare under penalty of perjury that I am
employed in the office of a member of the bar of this court at
whose direction the service was made.
Executed on August ___, 2013 at Riverside, California.
_____________________________________
ESMERALDA TOWNSEND, Declarant
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___________________________________________________________________________________________________________________
[PROPOSED] ORDER RE: MOTION TO DISMISS AND JUDGMENT
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