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Newman v. San Joaquin Delta Community College Dist.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 17, 2010

SHIRLEY A. NEWMAN AND ANTHONY C. BUTLER, PLAINTIFFS,
v.
SAN JOAQUIN DELTA COMMUNITY COLLEGE DISTRICT, A PUBLIC ENTITY; DANIELE RULEY, JAMES WOOD, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

ORDER

In their Response to defendant Wood's motion to dismiss plaintiffs' First Amended Complaint ("FAC") pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket No. 8), plaintiffs admit that aspects of the motion are well taken and do not oppose Wood's motion. (Docket No. 12.) Plaintiffs ask the court for leave to amend their FAC to, inter alia, complain against Wood in his individual capacity.*fn1

IT IS THEREFORE ORDERED that Wood's motion to dismiss be, and the same hereby is, GRANTED, and plaintiffs' First Amended Complaint is DISMISSED with leave to amend.


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