617 addressing the public health emergency posed by the COVID-19 pandemic, both motions were taken under submission on the papers. 17.) Second, defendants County of Calaveras, Sheriff DiBasilio, Kevin Stevens, Jim Moser, and Brian Terry have moved to dismiss the first and third causes of action of plaintiffs' first amended complaint pursuant to Rule 12(b)(6) due to plaintiffs' failure to state a claim upon which relief can be granted. First, defendant Joseph Boberg has moved to dismiss plaintiffs' original complaint pursuant to Rule 4(m) and Rule 12(b)(5) of the Federal Rules of Civil Procedure due to insufficient service of process. This matter is before the court on two separate motions to dismiss. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS (DOC.
