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SMITH-DOWNS v. CITY OF STOCKTON

No. 2:10-CV-02495-MCE-GGH.

DIONNE SMITH-DOWNS, et al., Plaintiffs, v. CITY OF STOCKTON, et al., Defendants.

United States District Court, E.D. California.

July 16, 2012.

Attorney(s) appearing for the Case

James E. Rivera, Sr., individually and as a successor in interest to the Estate of James E. Rivera, Jr., Plaintiff, represented by Benjamin Nisenbaum , Law Offices of John L. Burris & John L. Burris , Law Offices of John L Burris.

Dionne Smith-Downs, as Successor and interest to Decedent, James Earl Rivera, Jr., Plaintiff, represented by Benjamin Nisenbaum , Law Offices of John L. Burris & John L. Burris , Law Offices of John L Burris.

City of Stockton, a Municipal Corporation, Defendant, represented by Amie Collins McTavish , Angelo Kilday and Kilduf, Bruce Alan Kilday , Angelo Kilday and Kilduff & John M Luebberke , City of Stockton.

Eric Azarvand, Police Officer, Defendant, represented by Amie Collins McTavish , Angelo Kilday and Kilduf & Bruce Alan Kilday , Angelo Kilday and Kilduff.

Gregory Dunn, Police Officer, Defendant, represented by Amie Collins McTavish , Angelo Kilday and Kilduf & Bruce Alan Kilday , Angelo Kilday and Kilduff.

John Nesbitt, Deputy Sheriff, Defendant, represented by Jason Robert Morrish , Office of the County Counsel, Matthew Paul Dacey , Office of County Counsel, San Joaquin County & Robert E. O'Rourke , Office Of The County Counsel.

Blair Ulring, Chief of Police, Defendant, represented by Amie Collins McTavish , Angelo Kilday and Kilduf & Bruce Alan Kilday , Angelo Kilday and Kilduff.

Steve Moore, Sheriff, Defendant, represented by Jason Robert Morrish , Office of the County Counsel, Matthew Paul Dacey , Office of County Counsel, San Joaquin County & Robert E. O'Rourke , Office Of The County Counsel.

ORDER

MORRISON C. ENGLAND, Jr. District Judge.

Currently before the Court is Defendants', Steve Moore ("Sheriff Moore") and John Nesbitt ("Deputy Nesbitt"), Motion to Dismiss Plaintiffs' Fifth Amended Complaint (ECF No. 53) ("MTD"). However, after the Motion was filed, Defendant City of Stockton ("the City") filed a "Notice of Bankruptcy" in which it advised the Court that the City had filed a bankruptcy petition pursuant to Chapter...

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