Fortado v. Springerville Police Department et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Michael Fortado,
Plaintiff,
v.
Springerville Police Department, et al.,
Defendants.
No. CV-25-08231-PCT-JJT
ORDER
At issue is Defendants Town of Springerville, Dayson Merrill, William Gleeson,
Amy Sloane, Shelly Reidhead, and Tim Rasmussen’s (“Defendants”) Motion for Partial
Dismissal of Plaintiff’s Complaint (“Motion”) (Doc. 5). For the reasons set forth below,
the Court will grant in part and deny in part the Motion.
Pursuant to Local Rule 7.2, the time for a party to file a responsive memorandum is
fourteen days after service of the motion. The failure of a party to serve and file a
responsive memorandum “may be deemed a consent to the denial or granting of the motion
and the Court may dispose of the motion summarily.” LRCiv 7.2(i); see also Brydges v.
Lewis, 18 F.3d 651, 652 (9th Cir. 1994). Thirty-two days have passed since Defendants’
Motion was filed on October 31, 2025, and Plaintiff has filed nothing. The Court will treat
Plaintiff’s silence as consent to the granting of Defendants’ Motion.
Accordingly, the Court will dismiss all claims against Springerville Police
Department and Round Valley Police Department because they are non-jural entitles not
capable of being sued separately. Gotbaum v. City of Phx., 617 F. Supp. 2d 878, 886 (D.
Case 3:25-cv-08231-JJT Document 7 Filed 12/02/25 Page 1 of 3

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Ariz. 2008). (See Doc. 5 at 1 n.1.) The Court will also dismiss Counts One, Three, Four
and Five as to Defendants Town of Springerville, Dayson Merrill, William Gleeson, Amy
Sloane, Shelly Reidhead, and Tim Rasmussen. Lastly, the Court will dismiss Count Two
as to Defendants Dayson Merrill, William Gleeson, Amy Sloane, Shelly Reidhead, and
Tim Rasmussen. (See Doc. 5 at 13–14.) While Defendants broadly request that the
dismissal apply to “all individual Defendants” (id.), the Court recognizes that Dani
Goodman and Jennifer Lund—each of whom are named defendants—have not yet
appeared in this matter and are not represented by counsel who bring forth the present
Motion. Therefore, the Court denies Defendants’ Motion as to Dani Goodman and Jennifer
Lund without prejudice.
It is possible that Plaintiff can cure the pleading defects as to those Defendants other
than the non-jural entities by amendment with additional, well-pled facts, so the Court will
grant Plaintiff leave to amend. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). No
later than fourteen days from the date of this Order, Plaintiff may file an amended
complaint and a separate Notice of Filing Amended Complaint with an attached redlined
copy showing the changes between the Complaint and the amendment. No new claims may
be added to an amendment absent leave of court pursuant to Federal Rule of Civil
Procedure 15 and Local Rule 15.1. If Plaintiff does not file an amended complaint in the
time prescribed, the Clerk of Court is directed to dismiss Defendants Dayson Merrill,
William Gleeson, Amy Sloane, Shelly Reidhead, and Tim Rasmussen as parties to this
matter without further order of the Court.
IT IS THEREFORE ORDERED granting in part and denying in part Defendants
Town of Springerville, Dayson Merrill, William Gleeson, Amy Sloane, Shelly Reidhead,
and Tim Rasmussen’s Motion for Partial Dismissal of Plaintiff’s Complaint (Doc. 5).
IT IS FURTHER ORDERED dismissing with prejudice all claims against
Springerville Police Department and Round Valley Police Department.
. . .
. . .
Case 3:25-cv-08231-JJT Document 7 Filed 12/02/25 Page 2 of 3

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IT IS FURTHER ORDERED dismissing Counts One, Three, Four and Five as to
Defendants Town of Springerville, Dayson Merrill, William Gleeson, Amy Sloane, Shelly
Reidhead, and Tim Rasmussen.
IT IS FURTHER ORDERED dismissing Count Two as to Defendants Dayson
Merrill, William Gleeson, Amy Sloane, Shelly Reidhead, and Tim Rasmussen.
IT IS FURTHER ORDERED denying Defendants Town of Springerville, Dayson
Merrill, William Gleeson, Amy Sloane, Shelly Reidhead, and Tim Rasmussen’s Motion
for Partial Dismissal of Plaintiff’s Complaint (Doc. 5) as to Defendants Dani Goodman
and Jennifer Lund without prejudice.
IT IS FURTHER ORDERED granting Plaintiff leave to amend the claims
dismissed above by this Order as to those Defendants other than the non-jural entities. No
later than fourteen days from the date of this Order, Plaintiff may file an amended
complaint and a separate Notice of Filing Amended Complaint with an attached redlined
copy showing the changes between the Complaint and the amendment. No new claims may
be added to an amendment absent leave of court pursuant to Federal Rule of Civil
Procedure 15 and Local Rule 15.1.
IT IS FURTHER ORDERED directing the Clerk of Court to dismiss Defendants
Dayson Merrill, William Gleeson, Amy Sloane, Shelly Reidhead, and Tim Rasmussen as
parties to this matter without further order of the Court if Plaintiff does not file an amended
complaint in the time prescribed.
Dated this 2nd day of December, 2025.
Honorable John J. Tuchi
United States District Judge
Case 3:25-cv-08231-JJT Document 7 Filed 12/02/25 Page 3 of 3