Hart

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT; DENYING AS MOOT DEFENDANTS’ MOTION TO STAY DISCOVERY; AND DENYING AS MOOT PLAINTIFFS’ REQUEST FOR CHUMAN CERTIFICATION

This matter has come before the court on Defendants Gregory Gaioni, Debra Yang, George Cardona, Leon Weidman, David Pinchas, Alka Sagar, and Charles Mullaly’s motions to dismiss Plaintiffs’ First Amended Complaint and to stay discovery pending ruling on the motion to dismiss and on Plaintiffs’ request for Chuman certification. Having considered the pleadings in this matter, Defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART; Defendants’ motion to stay discovery is DENIED as moot; and Plaintiffs’ request for Chuman certification is DENIED as moot.

I. Background

In July 2004, Plaintiffs initiated this lawsuit for compensatory and punitive damages, costs, interest, and attorney’s fees pursuant to the First, Fourth, and Fifth Amendments of the Constitution, Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics and 28 U.S.C. §§ 1331 , 1343, naming as Defendants five attorneys for the U.S. Attorney’s Office (“USAO Defendants”)…