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Gabriellealberici, et al. v. County of Los Angeles

September 28, 2012

GABRIELLEALBERICI, ET AL.
v.
COUNTY OF LOS ANGELES, ET AL.



The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS:

None

None Present

Court Reporter

ATTORNEYS PRESENT FOR DEFENDANTS:

None

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING PLAINTIFFS' FEDERAL CLAIMS

FOR FAILURE TO COMPLY WITH THE COURT'S ORDER; and

ORDER REMANDING ACTION TO LOS ANGELES SUPERIOR COURT

On September 17, 2012, the Court held an extensive hearing on Defendant County of Los Angeles' Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) and discussed in detail the deficiencies in Plaintiffs' First Amended Complaint, which had resulted in the filing of six separate motions to dismiss and two separate motions to strike by various defendants.*fn1 The Court then ordered Plaintiffs, if they desired to remain in federal court and pursue their federal claims, to file a Second Amended Complaint setting out with specificity the federal claims and identifying the defendants involved in each of those claims on or before September 24, 2012.

On September 24, 2012, Plaintiffs filed a Second Amended Complaint. The Court has reviewed the Second Amended Complaint, and finds that it violates the Court's order. First, Plaintiffs improperly, and without leave of the Court, added new substantive claims to their Second Amended Complaint, including specifically the third cause of action for violation of Title II of the Americans with Disabilities Act and the fourth cause of action for violation of Section 504 of the Rehabilitation Act, 29 U.S.C. ยง 794 . See Fed. R. Civ. Pro. 15 (a); see also Concerned Citizens for a Safe Community v. Office fo Federal Detention Trustee, 2011 WL 2971000 (D. Nev. July 19, 2011) (granting motion to strike new substantive claims added to second amended complaint after Court had ordered the plaintiff to amend the complaint set forth sufficient facts and evidence to establish standing). Second, in amending their existing federal claims, Plaintiffs failed to do so in a manner that complied with the Court's very explicit and specific order. See, e.g., Crittenden v. , 2012 WL 3960454 (D. Ariz. ...


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