Coderre

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RITA CODERRE, et al., No. 2:21-cv-00965-TLN-DMC

Plaintiffs, v. ORDER ROBERT BURTON, et al., Defendants.

17 This matter is before the Court on Defendants Robert Burton (“Burton”) and Shereef 18 Aref’s (“Aref”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 16.) Plaintiff Rita 19 Coderre (“Plaintiff”) filed an opposition. (ECF No. 18.) Defendants replied. (ECF No. 21.) For 20 the reasons set forth below, Defendants’ motion is GRANTED in part and DENIED in part. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND 2 On May 31, 2020, inmate Aaron Coderre was found unresponsive in the showers at 3 California Health Care Facility (“CHCF”) in Stockton, California. (ECF No. 14 at ¶ 22.) Joshua 4 Rudiger (“Rudiger”), another inmate, had stabbed Aaron Coderre in the neck, killing him. (Id. at 5 ¶ 25.) Plaintiff is Aaron Coderre’s mother and successor in interest and sues on behalf of herself 6 and her deceased…