Warden v. Robinson

Filing 58

ORDER granting 50 Motion to Consolidate Cases and CV-13-283-TUC-DCB (BPV) shall be CONSOLIDATED with CV-13-1067-TUC-DCB (BPV). It is further Ordered Plaintiff shall have until 5/1/2017 to file and serve a Second Amended Complaint encompassing case numbers CV-13-283 and CV-13-1067 and the allegations thereto into a single unified complaint. All future pleadings and other documents shall be filed under cause number CV-13-283-TUC-DCB (BPV). See attached PDF for complete information. Signed by Magistrate Judge Bernardo P Velasco on 3/29/2017.(MFR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Roy Warden,

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Plaintiff,

CV-13-0283-TUC-DCB (BPV) Lead Case
CV-13-1067-TUC-DCB (BPV)

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vs.
ORDER

Bob Walkup, individually and in his
official capacity as Tucson City Mayor; et
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Defendants.
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Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure and LRCiv 42.1, and
Plaintiff having no objection (see Doc. 56),

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IT IS ORDERED that:

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(1)

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Defendants’ Motion to Consolidate (Doc. 50) is GRANTED and CV-13-

283-TUC-DCB (BPV) shall be CONSOLIDATED with CV-13-1067-TUC-DCB (BPV);
(2)

Plaintiff shall have until May 1, 2017 to file and serve a Second Amended

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Complaint encompassing case numbers CV-13-283 and CV-13-1067 and the allegations

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thereto into a single unified complaint. Plaintiff is advised that the Second Amended

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Complaint will supersede the preceding pleadings filed in CV-13-283 and CV 13-1067.

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See Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1989)

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(party named in original complaint who was not named in amended complaint is no longer

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subject to that action); see also In re Ford Motor Co./Citibank (S. Dakota), N.A., 264 F.3d

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952, 965 (9th Cir. 2001) (“in a consolidated action, a consolidated complaint is the operative

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pleading and supersedes all previously filed complaints.”). Cf. Lacy v. Maricopa County, 693

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F.3d 896, 925-928 (9th Cir. 2012) (claims previously dismissed with prejudice and without

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leave to amend, including those dismissed on summary judgment, are not required to be

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repled in a subsequent amended complaint to preserve them for appeal.). Any parties or

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claims included in the preceding pleadings that are not included in the Second Amended

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Complaint shall be deemed voluntarily dismissed and/or waived. Additionally, the Second

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Amended Complaint must not incorporate by reference any part of the preceding pleadings,

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including exhibits;

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(3) Defendants shall file an Answer no later than twenty-one (21) days after service
of the Second Amended Complaint; and
(4) All future pleadings and other documents shall be filed under cause number CV13-283-TUC-DCB (BPV).
Dated this 29th day of March, 2017.