Leonard J. Porto III v. City of Laguna Beach et al, No. 8:2012cv00501 - Document 29 (C.D. Cal. 2012)
Court Description: ORDER ACCEPTING AND ADOPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE by Judge David O. Carter for Report and Recommendation 26 : IT IS ORDERED: 1. All claims against the Laguna Beach Police Department and the City Council of L aguna Beach are DISMISSED with prejudice. 2. The claims against all defendants arising from the alleged violation of the settlement agreement in Sipprelle v. City of Laguna Beach, Case No. SACV 08-1447-CJC, are DISMISSED with prejudice. 3. All remain ing claims are dismissed without prejudice and with leave to amend. 4. Plaintiff shall have 14 days from the date of this order in which to file a first amended complaint. The first amended complaint may not include the Defendants nor the claims dismissed with prejudice. Failure to timely file a first amended complaint will result in dismissal of this action with prejudice. (rla) Modified on 9/4/2012 (rla).
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Leonard J. Porto III v. City of Laguna Beach et al Doc. 29 1 2 3 4 UNITED STATES DISTRICT COURT 5 CENTRAL DISTRICT OF CALIFORNIA 6 SOUTHERN DIVISION 7 8 9 10 11 12 LEONARD J. PORTO, III, ) ) Plaintiff, ) ) v. ) CITY OF LAGUNA BEACH, et al., ) ) ) Defendants. ) Case No. SACV 12-00501-DOC (MLG) ORDER ACCEPTING AND ADOPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 13 14 Pursuant to 28 U.S.C. ยง 636(b)(1)(C), the Court has reviewed the 15 complaint, the motion to dismiss, and all of the records and files 16 herein and has conducted a de novo review of that portion of the 17 Report and Recommendation of the United States Magistrate Judge to 18 which objections were filed. The Court accepts and adopts the findings 19 and recommendations in the Report and Recommendation. 20 IT IS ORDERED: 21 1. All claims against the Laguna Beach Police Department and the 22 City Council of Laguna Beach are DISMISSED with prejudice. 23 2. The claims against all defendants arising from the alleged 24 violation of the settlement agreement in Sipprelle v. City of Laguna 25 Beach, Case No. SACV 08-1447-CJC, are DISMISSED with prejudice. 3. All remaining claims are dismissed without prejudice and with 26 27 leave to amend. 28 // Dockets.Justia.com 1 4. Plaintiff shall have 14 days from the date of this order in 2 which to file a first amended complaint. The first amended complaint 3 may 4 prejudice. Failure to timely file a first amended complaint will 5 result in dismissal of this action with prejudice. not include the Defendants nor the claims dismissed with 6 7 Dated: September 4, 2012 8 9 10 ______________________________ David O. Carter United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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