Hall et Al-V-City of Pleasanton et al

Northern District of California, cand-4:2015-cv-01546

ORDER by Judge Yvonne Gonzalez Rogers granting {{29}} Motion to Dismiss with Leave to Amend. Plaintiff shall file a second amended complaint no later than 1/29/16. REFERRED to Magistrate Judge Westmore to conduct a mandatory settlement conference by no later than 1/22/16. The Case Management Conference scheduled for 1/25/16 is VACATED.

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 LESLIE ANNE HALL, et al. Case No.: 15-cv-1546-YGR 6 Plaintiffs, ORDER GRANTING MOTION TO DISMISS; 7 REFERRING TO MAGISTRATE FOR v. SETTLEMENT CONFERENCE; VACATING CASE 8 MANAGEMENT CONFERENCE CITY OF PLEASANTON et al., 9 Defendants. Re: Dkt. No. 29 10 11 Plaintiffs Leslie Ann Hall, her two minor children P. Hall R. Hall, and Cody Hall bring this 12 civil action against defendants City of Pleasanton, Chief of Police Dave Spiller, Sergeant Mark Northern District of California United States District Court 13 Reimer, Detective Michael Wilson, Officer Tujague, and Officer Steve Ayers (collectively, 14 "defendants") for claims arising from their execution of a search warrant at plaintiffs' residence. 15 Plaintiffs allege two claims under 42 U.S.C. section 1983, specifically: (1) against all defendants 16 except for Chief Spiller for violation of their rights under the Fourth and Fourteenth Amendments, 17 and (2) against the City, Chief Spiller, and Sergeant Reimer for ratifying and condoning the unlawful 18 conduct of the other defendants. 19 Defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) on the 20 grounds that plaintiffs have failed to state a claim against them. (Dkt. No. 29, "Mtn.") Having 21 carefully considered the papers submitted and the pleadings in this action, and for the reasons set forth 22 in full detail on the record on December 1, 2015, defendants' motion to dismiss is GRANTED WITH 23 LEAVE TO AMEND. Plaintiffs shall file a second amended complaint no later than January 29, 2016. 24 Moreover, and pursuant to Local Rule 72-1, this matter is hereby REFERRED to Magistrate 25 Judge Westmore to conduct a mandatory settlement conference by no later than January 22, 2016. 26 The parties will be advised of the date, time, and place of the settlement conference by notice from 27 Judge Westmore. 28 1 The Case Management Conference currently set for January 25, 2016 is hereby VACATED. 2 IT IS SO ORDERED. 3 Dated: December 2, 2015 4 _______________________________________ 5 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 6 cc: Magistrate Judge Westmore; MagRef Email 7 8 9 10 11 12 13 Northern District of California United States District Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2