Carson v. County of Stanislaus et al
Filing
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ORDER on the 10 Motion to Dismiss of Defendants County of Stanislaus and Steven Jacobsen, signed by Judge Oliver W. Wanger on 6/16/2011. (Plaintiff shall have fifteen (15) days from the filing of the ruling on 4/20/2011, within which to file an Amended Complaint; Defendants thereafter shall have fifteen (15) days to file a response to any Amended Complaint.)(Gaumnitz, R)
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A PROFESSIONAL CORPORATION
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Terence J. Cassidy, SBN 99180
Kristina M. Hall, SBN 196794
350 University Ave., Suite 200
Sacramento, California 95825
TEL: 916.929.1481
FAX: 916.927.3706
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Attorneys for Defendants COUNTY OF STANISLAUS
and STEVE JACOBSEN
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRANK C. CARSON
Case No.: 1:10-CV-02133-OWW-SMS
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Plaintiff,
ORDER ON THE MOTION TO
DISMISS OF DEFENDANTS COUNTY
OF STANISLAUS AND STEVEN
JACOBSEN
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vs.
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COUNTY OF STANISLAUS, STEVEN
JACOBSEN,
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Defendants.
/
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The Motion to Dismiss filed by Defendants COUNTY OF STANISLAUS and STEVE
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JACOBSEN (“Defendants”) was fully briefed and the matter was heard on March 7, 2011. Frear
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Stephen Schmid appeared on behalf of Plaintiff Frank C. Carson. Terence J. Cassidy of Porter Scott
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appeared on behalf of Defendants. After hearing oral arguments and taking the matter under
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submission, the District Court ruled on the motion on April 20, 2011. A true and correct copy of that
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ruling is attached hereto as Exhibit A.
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Good cause appearing therefor:
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IT IS HEREBY ORDERED that Defendants’ motion to dismiss Plaintiff’s claim for violation
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of his due process rights under the Fifth and Fourteenth Amendments be GRANTED and the claim
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1
PORTER * SCOTT
ATTORNEYS
ORDER ON THE MOTION TO DISMISS OF DEFENDANTS
COUNTY OF STANISLAUS AND STEVEN JACOBSEN
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
00887449.WPD
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is dismissed with prejudice;
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IT IS FURTHER ORDERED that Defendants’ motion to dismiss Plaintiff’s claim for
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violation of his rights under the First Amendment also be GRANTED and the claim is dismissed
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with prejudice;
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IT IS FURTHER ORDERED that Defendants’ motion to dismiss Plaintiff’s claim for
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violation of his rights under the Fourth Amendment be GRANTED and the claim is dismissed
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without prejudice.
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Plaintiff shall have fifteen (15) days from the filing of the ruling on April 20, 2011, within
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which to file an Amended Complaint; Defendants thereafter shall have fifteen (15) days to file a
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response to any Amended Complaint.
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IT IS SO ORDERED.
Dated:
June 16, 2011
emm0d6
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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2
PORTER * SCOTT
ATTORNEYS
ORDER ON THE MOTION TO DISMISS OF DEFENDANTS
COUNTY OF STANISLAUS AND STEVEN JACOBSEN
3 5 0 U N I V E R S IT Y A V E ., S U I T E 2 0 0
SACRAM EN T O , CA 95825
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
00887449.WPD
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