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18-2448 - Petersen v. City of Oakley et al


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18-2448 - Petersen v. City of Oakley et al
July 7, 2018
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ORDER granting 16 Motion to Dismiss. The attached order grants the defendants' motion to dismiss. The court dismisses claims three through six without prejudice and with leave to amend. The plaintiff must file any amended complaint by July 23, 2018. The court asks the plaintiff to consider whether he really wants to amend his complaint given that the Fourth Amendment claims cover the gravamen of his alleged harm. If he does, then the court asks the defendants to consider whether they might reserve their arguments on any Fourteenth Amendment claims for summary judgment. The discovery is the same, and perhaps everyone's interests are advanced by moving the case into the case-management phase. (Beeler, Laurel) (Filed on 7/7/2018)