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Clarke v. Lane

March 31, 2010

JAMES CLARKE, ET AL., PLAINTIFFS,
v.
BERNON LANE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Eduardo C. Robreno, J.

ORDER

AND NOW, this 31st day of March, 2010, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED as follows:

1. Moving Defendants' first motion to dismiss Plaintiffs' amended complaint (doc. no. 83) is DENIED in part and GRANTED in part. It is granted with respect to Plaintiffs Anderson, Clarke, Charles, Taylor, Coleman, Chapolini and Cruz and denied with respect to Plaintiff Pastrana;

2. CEC Defendants' second motion to dismiss or, in the alternative, for summary judgment (doc. no. 85) is DENIED in part and GRANTED in part. The motion to dismiss is granted with respect to Plaintiffs Anderson, Clarke, Charles, Taylor, Coleman, Chapolini and Cruz and denied with respect to Plaintiff Pastrana. The motion for summary judgment, in the alternative, is DENIED without prejudice.

3. Plaintiffs' motion for class certification (doc. no. 72) is GRANTED. It is further ordered that Plaintiff is designated as class representative.

AND IT IS SO ORDERED.

20100331

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