Renee Fellows v. Weaks, et al.

United States District Court for the Eastern District of California

Renee Fellows v. Weaks, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENEE FELLOWS, No. 2:25-cv-00439-DAD-AC 12 Plaintiff, 13 v. ORDER GRANTING DEFENDANTS’ MOTION TO SEVER 14 WEAKS, et al., (Doc. No. 12) 15 Defendant.

16 17 On June 5, 2025, defendants filed a motion to sever. (Doc. No. 12.) On June 19, 2025, 18 plaintiff filed a statement of non-opposition to the motion. (Doc. No. 13.) In light of plaintiff’s 19 statement of non-opposition, the court will grant defendants’ motion. See San Francisco Tech., 20 Inc. v. Aero Prods. Int’l, Inc., No. 5:10-cv-02994-JF-PSG,

2011 WL 1044856

, at *5 (N.D. Cal.

21 Mar. 22

, 2011) (“SF Tech has filed a statement of non-opposition to all motions for severance and 22 transfer. Accordingly, the motions will be granted.”); Faria v. Dollar Tree Stores, Inc., No. 17- 23 cv-07544-JAK-JEM,

2018 WL 6262880

, at *3 (C.D. Cal. Feb. 15, 2018) (“Notwithstanding these 24 limitations, in light of Plaintiffs’ non-opposition to the Motion, the request to sever is 25 GRANTED.”). 26 Accordingly, 27 1. Defendants’ motion to sever (Doc. No. 12) is GRANTED; 28 ///// 1 2. Plaintiffs first claim for excessive use of force in violation of her Fourteenth 2 Amendment rights and 42 U.S.C § 1983 brought against defendants Weaks, 3 Rowmano, Guerrero, and Does 1—25 is SEVERED from this action; 4 3, Defendants Weaks, Rowmano, Guerrero, and Does 1—25 are DISMISSED from 5 this action; 6 4. The Clerk of the Court is DIRECTED to assign a new case number to the 7 Fourteenth Amendment excessive use of force claim brought against defendants 8 Weaks, Rowmano, Guerrero, and Does 1-25, and in particular: 9 a. The filings from this case (No. 2:25-cv-00439-DAD-AC) shall be included on 10 the docket in the newly opened civil case; 11 b. The filing fee for the new civil case is waived in accordance with Rule 21 of 12 the Federal Rules of Civil Procedure; 13 5. The Clerk of the Court is directed to update the docket to reflect that defendants 14 Weaks, Rowmano, and Guerrero have been TERMINATED as named defendants in 15 this action; and 16 6. The Initial Scheduling Conference is hereby RESET to February 9, 2026 at 1:30 p.m. 17 before District Judge Dale A. Drozd by Zoom. The parties shall file a joint scheduling 18 report by no later than January 26, 2026. 19 IT IS SO ORDERED. “0 Dated: _ December 18, 2025 Dak A. 2, Arye 21 DALE A. DROZD 0 UNITED STATES DISTRICT JUDGE

23 24 25 26 27 28

Reference

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