Blanchard v. San Diego, County of et al
| Richard Blanchard |
| San Diego, County of, John Doe Medical Corporation, John Gill, Serina Rognlien, Roland Nolasco, Davut Savaser, John Serra, Vanessa Jimenez, Jesus Estoesta, Katherine Homann, Jane Doe 2, Jane Doe 3, Jane Doe 4, Buchanan and Jeffery Welshaar |
| 3:2016cv01783 |
| July 11, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Jill L. Burkhardt |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
76
ORDER adopting in part re 71 Report and Recommendation; granting in part and denying in part County of San Diego's 31 Motion to Dismiss for Failure to State a Claim; granting County of San Diego's 35 Motion to Strike the Second Am ended Complaint; granting Defendants Buchanan and Weishaar's 50 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part Defendants Global Medical Staffing, Drs. Gill, Homan, and Purviance's 52 Motion to Di smiss; granting 59 Defendant Serra's Motion to Dismiss for Failure to State a Claim. Court overrules the Objections of Defendants 72 , 73 , 75 , overrules in part/sustains on part Plaintiff's Objections 74 , approves and adopts 71 R eport and Recommendation with the exception of the recommendation that Global Medical Staffing be dismissed from the first cause of action. Defendants Weishaar, Buchanan, and Serra are dismissed from the Complaint. Court dismissed Dr. Homann from the first cause of action for violation of the Eighth Amendment, but otherwise, the Motions to Dismiss are denied. Signed by Judge Cynthia Bashant on 9/11/2017. (jah)
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Filing
71
REPORT AND RECOMMENDATION. Court recommends that: 1.) 31 MOTION to Dismiss for Failure to State a Claim filed by County of San Diego be granted as to the injunctive-relief claim only and otherwise be denied; 2.) 35 MOTION to Strike 33 Sec ond Amended Complaint filed by County of San Diego be granted; 3.) 50 MOTION to Dismiss for Failure to State a Claim filed by Jeffery Weishaar, Buchanan be granted; 4.) 52 MOTION to Dismiss filed by Global Medical Staffing Inc., Katherin e Homann, John Gill, Cynthia Purviance be granted as to the injunctive-relief claim, granted as to the Eighth Amendment claim against Dr. Homann and Global Medical Staffing only, denied as to the medical malpractice claim, and otherwise denied; 5. ) 59 MOTION to Dismiss for Failure to State a Claim filed by John Serra be granted; and 6.) If the District Judge adopts or modifies this Report, Plaintiff shall have 14 days from that order to file a third amended complaint, If he chooses not t o file a third amended complaint, the case will proceed on the first amended complaint, but only as to the remaining defendants and claims. Upon being served with this Report, each party has 14 days to file any objections. A party may respond to any such objection within 14 days of being served with it. Signed by Magistrate Judge Andrew G. Schopler on 8/8/2017. (jah)
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