Catlin et al v. United States of America et al
||Scott Catlin and DOES 1-10
||United States of America and ROES 1-50
||February 9, 2018
||California Southern District Court
||San Diego Office
||Mitchell D. Dembin
||Janis L. Sammartino
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|September 4, 2018
ORDER Granting 4 Defendant's Motion to Dismiss. The Court GRANTS Defendant's MTD, (ECF No. 4). The Court DISMISSES WITH PREJUDICE Plaintiff's 42 U.S.C. § 1983 against the United States and any federal employees, as well as any Bivens claims against the United States. The Court DISMISSES WITHOUT PREJUDICE Plaintiff's remaining claims, (ECF No. 1). The Court GRANTS Plaintiff leave to file an amended complaint except for any FTCA claims. See Fed. R. Civ. P. 15(a); Carval ho v. Equifax Info. Serv., LLC, 629 F.3d 876, 892 (9th Cir. 2010) (stating when a court dismisses a complaint, "leave to amend shall be freely given when justice so requires"). If Plaintiff decides to bring another FTCA claim against the Un ited States, he must refile a new case. Plaintiff SHALL FILE an amended complaint, if any, on or before twenty-one (21) days from the date on which this Order is electronically docketed. Failure to file an amended complaint by this date may result in a dismissal of this case with prejudice. Signed by Judge Janis L. Sammartino on 9/4/2018. (acc)
|June 8, 2018
ORDER: (1) Granting 7 Motion to Strike; (2) Vacating Hearing; and (3) Setting Briefing Schedule re 4 MOTION to Dismiss. Plaintiffs shall file an Opposition to the Motion on or before 6/21/2018. Defendant may file a Reply in Support of its Motion on or before 6/28/2018. Signed by Judge Janis L. Sammartino on 6/8/2018. (mpl)
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