Free Proposed Order - District Court of California - California

Case 3:08-cv-00766-SC

Document 16

Filed 03/21/2008

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MICHAEL P. MURPHY, COUNTY COUNSEL (SBN 83887) By: John D. Nibbelin, Deputy (SBN 184603) By: Rebecca M. Archer, Deputy (SBN 202743) By: Glenn M. Levy, Deputy (SBN 219029) Hall of Justice and Records 400 County Center, 6th Floor Redwood City, CA 94063 Telephone: (650) 363-4757 Facsimile: (650) 363-4034 Attorneys for Defendants COUNTY OF SAN MATEO and ROBERT FOUCRAULT, individually and as Coroner, SAN MATEO COUNTY

UNITED STATES DISTRICT COURT NORTHERN DISTICT OF CALIFORNIA ISOLINA PICON, Case No. 08-0766 SC [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE Hearing: Date: Time: Judge: Courtroom: April 4, 2008 10:00 a.m. Hon. Samuel Conti 1, 17th Floor

13 Plaintiff, 14 vs. 15 16 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28
Case No. 08-0766 JCS 1 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE

COUNTY OF SAN MATEO, ROBERT FOUCRAULT, individual and as Coroner, SAN MATEO COUNTY

Case 3:08-cv-00766-SC

Document 16

Filed 03/21/2008

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The Motion To Dismiss Pursuant To Rule 12(b)(6) Of The Federal Rules Of Civil Procedure filed by Defendants the County of San Mateo, California, and Robert Foucrault came on for hearing on April 4, 2008, in Courtroom 1, before the Honorable Samuel Conti, Senior Judge of the United States Superior Court for the Northern District of California. All parties submitted briefs and were represented by counsel at the hearing on the motion. The Court having reviewed the moving and responding papers and considered argument presented at the hearing hereby finds as follows: 1. Each of the four causes of action included in Plaintiff Isolina Picon's First Amended Complaint, dated January 25, 2008, fails to state a claim upon which relief may be granted against either Defendant County of San Mateo or Defendant Robert Foucrault due to the allegations included in the First Amended Complaint and the facts submitted in the attachment to that complaint. Accordingly, Defendants' motion is granted and it is hereby ORDERED that Plaintiff's First Amended Complaint is dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

THE HONORABLE SAMUEL CONTI SENIOR JUDGE

Case No. 08-0766 JCS 2 [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE