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Sara Batterham v. Mono County Law Enforcement

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 29, 2012

SARA BATTERHAM, PLAINTIFF,
v.
MONO COUNTY LAW ENFORCEMENT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

ORDER

On June 19, 2012, the assigned magistrate judge issued findings and recommendations, recommending that two motions to dismiss, including a motion filed by the Town of Mammoth Lakes, be granted; that plaintiff's second amended complaint be dismissed without leave to amend; and that the Clerk be directed to close this case. Dckt. No. 33. On July 6, 2012, while those findings and recommendations were pending before the undersigned, attorney Scott Grossberg filed a declaration indicating that the Town of Mammoth Lakes filed a Voluntary Petition for Bankruptcy under Chapter 9 on July 3, 2012. Dckt. No. 35. Therefore, on July 25, 2012, the magistrate judge issued an order staying the action as to the Town of Mammoth Lakes pending resolution of the bankruptcy petition. Dckt. No. 37 at 2. The order instructed the parties to notify the court within fourteen days of the resolution of the bankruptcy proceedings, and stated that upon termination of the bankruptcy proceeding or an order granting relief from the automatic stay, the court would resume consideration of the pending findings and recommendations as they relate to the Town of Mammoth Lakes. Id. at 3.

On September 10, 2012, the undersigned adopted the June 19, 2012 findings and recommendations in full, except as they apply to the Town of Mammoth Lakes, and dismissed plaintiff's second amended complaint as to all defendants but the Town of Mammoth Lakes without leave to amend. Dckt. No. 38 at 2-3. The order also reiterated that "[o]nce the bankruptcy stay has been lifted, the court will consider the findings and recommendations, as they apply to the Town of Mammoth Lakes." Id. at 2.

On November 28, 2012, Mr. Grossberg filed a declaration indicating that on November 16, 2012, the Town of Mammoth Lakes' Chapter 9 bankruptcy case was dismissed by the bankruptcy court. Dckt. No. 39, Grossberg Decl., ¶ 4. Attached to the declaration is a copy of the Notice of Dismissal filed with the bankruptcy court. Id., Ex. A.

In light of the dismissal of the Town of Mammoth Lakes' bankruptcy action, the court finds that the bankruptcy stay should be lifted. As a result, the undersigned has once again reviewed the June 19, 2012 findings and recommendations, as well as plaintiff's July 2, 2012 objections thereto, and the applicable legal standards, and concludes that it is appropriate to adopt those findings and recommendations in full.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. The stay of this action as to the Town of Mammoth Lakes, which was entered by this court on July 25, 2012, is lifted. ////

2. The portions of the findings and recommendations filed June 19, 2012 relating to the Town of Mammoth Lakes are ADOPTED.*fn2

3. The Town of Mammoth Lakes' motion to dismiss, Dckt. No. 20, is granted.

4. Plaintiff's entire second amended complaint is dismissed without leave to amend.

5. The Clerk of Court is directed to close this case.


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