Polk v. Yee ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DELORES POLK, et al., No. 2:18-cv-2900-KJM-KJN 12 Plaintiffs, 13 ORDER v. 14 BETTY YEE, et al., 15 Defendants. 16 17 18 On April 19, 2019, the court heard two motions to dismiss in this putative class 19 action based on 42 U.S.C. § 1983. See ECF Nos. 19 & 23. The motions were brought by 20 defendants Betty Yee, State Controller of California, and SEIU Local 2015 (“SEIU” or “Union”). 21 After hearing, the court submitted the motions. ECF No. 37. On August 24, 2020, the court 22 granted defendants’ motions to dismiss with leave to amend claims one and two, subject to the 23 pleading requirements of Federal Rule of Procedure 11. See generally Order, ECF No. 60. One 24 month later, plaintiffs have requested the court issue an appealable final judgment, noting they do 25 not intend to amend their First Amended Complaint, but rather intend to appeal its dismissal. 26 ECF No. 62, at 2. 27 The court having considered plaintiffs’ request, heard all persons properly 28 appearing and requesting to be heard, read and considered the motions to dismiss and supporting 1 papers, finds good cause appearing to issue a final judgment. See Edwards v. Marin Park, Inc., 2 356 F.3d 1058, 1064 (9th Cir. 2004) (holding district court should enter final judgment 3 dismissing all claims with prejudice and allow case in similar posture to go up on appeal). 4 Accordingly, the court DISMISSES all of plaintiffs’ claims with prejudice and 5 ORDERS that the Clerk of Court ENTER FINAL JUDGMENT in this action. 6 This order resolves ECF No. 62. 7 IT IS SO ORDERED. 8 DATED: October 14, 2020. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28