Opinion
Case No. CV 10-9501-GHK (DTB)
04-05-2012
ADAM JAWIEN, et al., Plaintiffs, v. COUNTY OF SAN BERNARDINO, et al. Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. Objections to the Report and Recommendation have been filed herein. Having made a de novo determination of those portions of the Report and Recommendation to which objections have been made, the Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.
IT THEREFORE IS ORDERED that defendants' Motion to Dismiss is granted, with leave to amend, with respect to Merck's § 1983 claims in the First and Third Causes of Action, Merck's Bane Act claim in the Fourth Cause of Action, and Merck's IIED claim in the Fifth Cause of Action; that defendants' Motion to Dismiss is denied with respect to Jawien's Bane Act claim in the Fourth Cause of Action and Jawien's IIED claim in the Fifth Cause of Action; that defendants' Motion to Dismiss is denied with respect to plaintiffs' state law tort claims against the County, to the extent plaintiffs have plead sufficient facts to state that particular tort claim against an individual defendant; that defendants' Motion for a More Definite Statement is denied; that defendants' Motion to Strike is denied; and that plaintiffs are ordered, if they decide to proceed, to file a First Amended Complaint within thirty (30) days of the date of this Order.
_______________
GEORGE H. KING
UNITED STATES DISTRICT JUDGE