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16-392 - Basilio v. City of Fairfield et al


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16-392 - Basilio v. City of Fairfield et al
February 24, 2016
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ORDER granting 3 Motion to Proceed IFP signed by District Judge John A. Mendez on 2/24/16. (Kaminski, H)
May 9, 2016
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STIPULATION and ORDER signed by District Judge John A. Mendez on 5/6/2016 ORDERING that the deadline to submit a joint status report is CONTINUED to 6/3/2016. (Zignago, K.)
July 14, 2016
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ORDER signed by District Judge John A. Mendez on 7/13/2016 GRANTING 9 Motion to Dismiss; DISMISSING WITH PREJUDICE the plaintiff's first cause of action to the extent it is brought under the Fourteenth Amendment, but remains to the extent it is brought under the Fourth Amendment; DISMISSING WITH PREJUDICE the plaintiff's claims against Defendant Walt Tibbet in his official capacity; DISMISSING WITH PREJUDICE the plaintiff's common law negligence claim against Defendant City of Fairfield; DISMISSING WITH PREJUDICE the plaintiff's false arrest claim; DISMISSING WITH LEAVE TO AMEND the plaintiff's remaining claims against Defendants Walt Tibbet in his individual capacity and City of Fairfield challenged in the 9 Motion to Dismiss; ORDERING the plaintiff to file an amended complaint within twenty days; ORDERING the defendants to file a responsive pleading twenty days thereafter; ADVISING the plaintiff that a failure to cure the defects identified in this Order may be grounds for dismissal of those claims without further leave to amend; ORDERING the defendants to file an answer to the 1 Complaint within thirty days if the plaintiff elects to not amend said complaint; ORDERING the defendants to pay a $250.00 sanction, within ten days, for exceeding the page limit allowed by the Court in its Order re Filing Requirements for the 16 Response. (Michel, G.)
July 15, 2016
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STIPULATION and ORDER signed by District Judge John A. Mendez on 7/14/2016 ORDERING that the deadline to exchange Rule 26 initial disclosures be set for 30 days after receiving a decision on Defendants' pending Motion to Dismiss IT IS SO ORDERED. (Reader, L)
March 24, 2017
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ORDER signed by District Judge John A. Mendez on 2/23/17. The Court grants Defendants' MOTION to DISMISS Plaintiff's first two claims and DENIES the MOTION on Plaintiff's third and fourth claims. The Court DENIES Plaintiff leave to amend his first and second claims. Since Tibbet was named as a defendant only in the first claim for relief, he is DISMISSED from this action and the case will proceed only against the City on the following claims for relief: Third claim for denial of medical care under Cal. Gov. Code ยง 845.6; Fourth claim for violation of the Bane Act; Fifth claim for attery; and Sixth claim for false imprisonment. The City shall file its Answer to the SAC within twenty days of the date of this order. (Mena-Sanchez, L)