Jackson et al v. State of California et al

Filing 24

ORDER vacating order striking amended complaint and denying defendants' motion to dismiss as moot. Signed by Magistrate Judge Stanley A. Boone on 10/18/2013. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR DUANE JACKSON, et al.,

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Plaintiffs,
v.

Case No. 1:13-cv-01055-LJO-SAB
ORDER VACATING ORDER STRIKING
AMENDED COMPLAINT AND DENYING
DEFENDANTS’ MOTION TO DISMISS AS
MOOT

STATE OF CALIFORNIA, et al.,
(ECF Nos. 15, 23)

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Defendants.

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The complaint in this action was filed on July 9, 2013.

On September 25, 2013,

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Defendants filed a motion to dismiss the complaint. Plaintiffs filed a first amended complaint on

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October 16, 2013. On October 18, 2013, this Court issued an order in error striking Plaintiff’s

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first amended complaint. (ECF No. 23.) Therefore, the order issued on October 18, 2013, shall

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be vacated and Plaintiffs’ amended complaint shall be reinstated on the docket.

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The original complaint has now been superseded by the amended complaint. Forsyth v.

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Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.

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1987). Accordingly, Defendants’ motion to dismiss is denied as moot and the hearing set for

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November 6, 2013 at 9:30 a.m. before the undersigned is vacated.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

The order striking Plaintiff’s first amended complaint is VACATED;

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2.

The Clerk’s Office is DIRECTED to reinstate the first amended complaint;
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3.

Defendants motion to dismiss, filed September 25, 2013, is DENIED; and

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4.

The hearing set for November 6, 2013, at 9:30 a.m. is VACATED.

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IT IS SO ORDERED.

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Dated:
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October 18, 2013

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UNITED STATES MAGISTRATE JUDGE

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