Jones v. Lehigh Southwest Cement Company, Inc.

Filing 30

ORDER Construing Motion to Amend as the First Amended Complaint 29 , signed by Magistrate Judge Jennifer L. Thurston on 8/22/2012. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM RAY JONES, SR.,

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Plaintiff,

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v.
LEHIGH SOUTHWEST CEMENT
COMPANY, INC.,
Defendant.

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Case No.: 1:12-cv-00633 - AWI - JLT
ORDER CONSTRUING MOTION TO AMEND AS
THE FIRST AMENDED COMPLAINT
(Doc. 29)

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On July18, 2012, the Court granted Defendants’ motion to dismiss with 30 days leave to

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amend. (Doc. 27) On August 20, 2012, Plaintiff filed a document entitled “Motion to Amend

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Complaint: Motion to Amend Original Complaint.” (Doc. 29) Review of the document makes clear

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that Plaintiff is not moving the Court for leave to amend. Indeed, doing so would make little sense

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given the Court has granted him leave to amend the complaint already. Instead, the document appears

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to be Plaintiff’s amended.

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Therefore, the Court will construe the motion to amend (Doc. 29) as Plaintiff’s First Amended

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Complaint. Defendants SHALL file their responsive pleading within 20 days of the date of this order.

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IT IS SO ORDERED.
Dated:

August 22, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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