Taylor v. Blank

Filing 43

ORDER STRIKING 42 the Declaration of Larcenia Taylor in Support of Her First Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 1/29/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARCENIA TAYLOR,

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Plaintiff,
v.

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REBECCA BLANK, Acting SecretaryUnited States Department of Commerce,

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Defendant.
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Case No.: 1:12-cv-01931 - JLT
ORDER STRIKING THE DECLARATION OF
LARCENIA TAYLOR IN SUPPORT OF HER
FIRST AMENDED COMPLAINT
(Doc. 42)

Plaintiff Larcenia Taylor filed a document entitled, “Declaration of Larcenia Taylor in Support

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of her First Amended Complaint”1 on January 26, 2015. (Doc. 42.) Attached to the declaration are

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various documents, apparently, upon which Plaintiff will rely to prove her case. However, the Court is

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not the repository of the parties’ evidence. The parties are prohibited from filing their evidence onto

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the docket except when it is filed in conjunction with and in support of a motion.

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On the other hand, if Plaintiff was attempting to amend her first amended complaint, she is

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advised that she must comply with Federal Rules of Civil Procedure 15 and this Court’s scheduling

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order (Doc. 28)2 when doing so.

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This document was incorrectly docketed as a “First Amended Complaint.”
The Court notes that the deadline to amend pleadings has passed. (Doc 28 at 3)

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Therefore, because there is no motion pending, the evidence should not have filed with the

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Court, the “Declaration of Larcenia Taylor in Support of her First Amended Complaint” (Doc. 42) is

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ORDERED to be STRICKEN.

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IT IS SO ORDERED.
Dated:

January 29, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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