Hall v. Spiller et al

Northern District of California, cand-4:2015-cv-02706

ORDER by Judge Yvonne Gonzalez Rogers granting {{27}} Motion to Dismiss with Leave to Amend. Plaintiff to file second amended complaint no later than 1/29/16. REFERRED to Magistrate Judge Westmore to conduct mandatory settlement conference no later than 1/22/16. Case Management Conference set 1/25/2016 is VACATED.

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 AARON HALL, Case No.: 15-cv-2706-YGR 7 Plaintiff, ORDER GRANTING MOTION TO DISMISS; 8 REFERRING TO MAGISTRATE FOR v. SETTLEMENT CONFERENCE; VACATING CASE 9 MANAGEMENT CONFERENCE CITY OF PLEASANTON et al., 10 Defendants. Re: Dkt. No. 27 11 12 Plaintiff Aaron Hall brings this civil action against defendants City of Pleasanton, Chief of Northern District of California United States District Court 13 Police Dave Spiller, Sergeant Mark Reimer, Detective Michael Wilson, Officer Tujague, and Officer 14 Steve Ayers (collectively, "defendants") for claims arising out of incidents following the execution of 15 a search warrant at plaintiff's residence. Plaintiff alleges two claims under 42 U.S.C. section 1983, 16 specifically: (1) against all defendants for violation of his rights under the First, Fourth, and 17 Fourteenth Amendments, and (2) against defendants Chief Spiller and Sergeant Reimer for ratifying 18 and condoning the unlawful conduct of their subordinates. 19 Defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) on the 20 grounds that plaintiff has failed to state a claim against them. (Dkt. No. 27, "Mtn.") Having carefully 21 considered the papers submitted and the pleadings in this action, and for the reasons set forth in full 22 detail on the record on December 1, 2015, defendants' motion to dismiss is GRANTED WITH LEAVE 23 TO AMEND. Plaintiff 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 7 cc: MagRef Email; Magistrate Judge Westmore 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