Elawyers Elawyers
Ohio| Change

MYANDU v. COUNTY OF LOS ANGELES, CV 14-6485 DSF (FFM). (2016)

Court: District Court, C.D. California Number: infdco20160822754 Visitors: 20
Filed: Aug. 19, 2016
Latest Update: Aug. 19, 2016
Summary: ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE DALE S. FISCHER , District Judge . Pursuant to 28 U.S.C. 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge Re Motions to Dismiss and Motion to Strike Second Amended Complaint ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and accepts the findings of fact, conclusions of law, an
More

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this action, the attached Report and Recommendation of United States Magistrate Judge Re Motions to Dismiss and Motion to Strike Second Amended Complaint ("Report"), and the objections thereto. Good cause appearing, the Court concurs with and accepts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

IT IS ORDERED that: (1) The motion to dismiss of defendant County of Los Angeles is GRANTED; plaintiff's claims against County of Los Angeles are dismissed with prejudice; (2) The motion to dismiss of defendant Charlie Hill is GRANTED; plaintiff's claims against Hill are dismissed with prejudice; (3) The motion to dismiss plaintiff's §1983 claim of defendants Sedgwick CMS, Inc. ("Sedgwick"), Jeffrey Rose, and Leslie Lunsway is GRANTED as to Sedgwick and DENIED as to Rose and Lunsway; plaintiff's §1983 claim is dismissed with prejudice as to Sedgwick; and (4) plaintiff's claims against defendant John McLaughlin are dismissed without prejudice.

IT IS FURTHER ORDERED that the Motion to Strike plaintiff's "common law" California state law tort claim for malicious prosecution, brought by defendants Sedgwick, Rose, and Lunsway pursuant to California's anti-SLAPP laws, is DENIED without prejudice.

IT IS FURTHER ORDERED that remaining defendants Anthony Colannino, Vittorio Racowaschi, Sedgwick, Rose, and Lunsway file answers to the Second Amended Complaint within 20 days of the date hereof.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer