Opinion
CV 23-7238-SSS(E)
06-20-2024
CHRISTINE GRALOW, Plaintiff, v. CITY OF PALOS VERDES ESTATES, ET AL., Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
SUNSHINE SUZANNE SYKES UNITED STATES DISTRICT JUDGE
Pursuant to 28 U.S.C. section 636, the Court has reviewed the First Amended Complaint, all of the records herein and the attached Report and Recommendation of United States Magistrate Judge. The Court accepts and adopts the Magistrate Judge's Report and Recommendation.
IT IS ORDERED that: (1) Defendant Baumgartner's Motion to Strike is granted only as to Plaintiff's claim for filing a false police report and that the claim is stricken with prejudice and without leave to amend; (2) the Motion to Strike is denied in all other respects without prejudice; (3) Plaintiff's Motion to Amend is denied; and (4) Plaintiff is granted leave to file a Third Amended Complaint consistent with the Report and Recommendation and this Order.
Plaintiff is granted thirty (30) days from the date of this Order within which to file a Third Amended Complaint. Any Third Amended Complaint shall be complete in itself and shall not refer in any manner to the prior Complaints. Any exhibits referenced in the Third Amended Complaint must be attached thereto. Tiny Third Amended Complaint may not include a claim for filing a false police report. Plaintiff may not add defendants without leave of Court. See Fed.R.Civ.P. 21. Failure timely to file a Third Amended Complaint that complies with this Order may result in the dismissal of the action. See Paqtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002), cert, denied, 538 U.S. 909 (2003) (court may dismiss action for failure to follow court order).
ORDER
IT IS FURTHER ORDERED that the Clerk serve forthwith a copy of this Order and the Magistrate Judge's Report and Recommendation on Plaintiff and on all counsel of record.