Mosgrove

Mosgrove v. County of Santa Clara

Good Law
United States District Court, Northern District of CaliforniaDecember 6, 20245:24-cv-00808California1,445 words

Opinion

Trial Court Opinion

I. BACKGROUND

19 Plaintiff filed this action against City Defendants, County, and the Police Chiefs’ 20 Association of Santa Clara County (“PCA”) (collectively, “Defendants”) on February 9, 2024. ECF 21 1. Plaintiffs filed the first amended complaint (“FAC”) as of right on April 25, 2024. ECF 31. While 22 District Attorney Jeffrey F. Rosen (“D.A. Rosen”) was not named as a defendant in the initial 23 complaint, he was added as a defendant in the FAC. See ECF 1, 31. City Defendants answered the 24 FAC. ECF 38. County, D.A. Rosen and PCA moved to dismiss the FAC under Federal Rules of 25 Civil Procedure 12(b)(6). ECF 41, 49. The Court held a hearing on the motions to dismiss on 26 September 12, 2024. ECF 68. At the hearing, the Court stated that it would give Plaintiff “ample 27 the Court that 60 days would be sufficient. ECF 71, Motion to Dismiss Tr. at 39:25-40:5. On October 8, 2024, the Court issued the Order granting the motions to dismiss with leave to amend as to County and PCA and without leave to amend as to D.A. Rosen. See ECF 74 at 7-8. The Court set the deadline for Plaintiff to file an amended complaint to be December 7, 2024, which is 60…

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