Warden v. Robinson
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
CV-13-0283-TUC-DCB (BPV) Lead Case
Bob Walkup, individually and in his
official capacity as Tucson City Mayor; et
Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure and LRCiv 42.1, and
Plaintiff having no objection (see Doc. 56),
IT IS ORDERED that:
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);
Plaintiff shall have until May 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. Plaintiff is advised that the Second Amended
Complaint will supersede the preceding pleadings filed in CV-13-283 and CV 13-1067.
See Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1989)
(party named in original complaint who was not named in amended complaint is no longer
subject to that action); see also In re Ford Motor Co./Citibank (S. Dakota), N.A., 264 F.3d
952, 965 (9th Cir. 2001) (“in a consolidated action, a consolidated complaint is the operative
pleading and supersedes all previously filed complaints.”). Cf. Lacy v. Maricopa County, 693
F.3d 896, 925-928 (9th Cir. 2012) (claims previously dismissed with prejudice and without
leave to amend, including those dismissed on summary judgment, are not required to be
repled in a subsequent amended complaint to preserve them for appeal.). Any parties or
claims included in the preceding pleadings that are not included in the Second Amended
Complaint shall be deemed voluntarily dismissed and/or waived. Additionally, the Second
Amended Complaint must not incorporate by reference any part of the preceding pleadings,
(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.
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