Opinion
CASE NO. CV 10-617-GW(CWx)
09-01-2011
[Assigned to Judge , Courtroom "10"]
JUDGMENT ON ORDER
GRANTING DEFENDANT CRAIG
MILLER'S MOTION TO DISMISS
PLAINTIFFS' SECOND AMENDED
COMPLAINT
Dept.: 10 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
Defendant CRAIG MILLER'S Motion to Dismiss and Motion to Strike plaintiffs' Second Amended Complaint came on regularly for hearing on August 22, 2011, at 8:30 a.m. in Courtroom "10" of the above-entitled Court, and the issue before the Court having been duly heard and considered, no just reason for delay of entry of judgment having been found, and a decision having been duly rendered, IT IS SO ORDERED AND ADJUDGED that:
(1) The Court's ruling on CRAIG MILLER's Motion to Dismiss and Motion to Strike plaintiffs' Second Amended Complaint with prejudice shall constitute a final judgment as to CRAIG MILLER because the Second Amended Complaint failed to state a cause of action under F.R.C.P. 12(b)(6) and CRAIG MILLER is entitled to qualified immunity, whereas:
(2) Plaintiffs RONALD BOONE, SR., SHARON MOSBY, and the ESTATE OF RONALD BOONE shall take nothing against defendant CRAIG MILLER; and
(3) Defendant CRAIG MILLER shall have judgment against plaintiffs RONALD BOONE, SR., SHARON MOSBY, and the ESTATE OF RONALD BOONE pursuant to F.R.C.P. § 54(d).
The Honorable George H. Wu
UNITED STATES DISTRICT JUDGE