Werner v. Advance Newhouse Partnership, LLC et al

Filing 9

ORDER ; DENYING as moot 8 Motion for Reconsideration, signed by Magistrate Judge Jennifer L. Thurston on 10/9/2013. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:13-cv-01259 - LJO – JLT
)
Plaintiff,
) ORDER DENYING AS MOOT PLAINTIFF’S
) REQUEST FOR RECONSIDERATION
v.
)
ADVANCE NEWHOUSE PARTNERSHIP, )
)
LLC, a New York limited liability company
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d/b/a BRIGHTHOUSE NETWORKS; and
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BRIGHTHOUSE NETWORKS,
)
)
Defendants.
)
PATRICIA WERNER,

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On September 24, 2013, the Court issued an Order to Show Cause to Plaintiff Patricia Werner

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(“Plaintiff”) for her failure to file an amended complaint, which was due no later than September 18,

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2013. (Doc. 5). However, the same date the Clerk of Court indicated Plaintiff filed her First Amended

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Complaint on September 23, 2013. Therefore, the Court discharged the order to show cause, and

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informed Plaintiff that no response to the Court’s order to show cause was necessary. (Doc. 6).

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On October 8, 2013, Plaintiff filed a request for reconsideration of the Court’s order to show

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cause. (Doc. 8). Specifically, she “requests that the Court allow this matter to continue and consider

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her First Amended Complaint timely filed.” Id. at 2 (emphasis omitted). Because the Court discharged

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the order to show cause, the issue is moot. Moreover, the Court has since treated Plaintiff’s First

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Amended Complaint as timely, and reviewed it for cognizable claims on October 7, 2013. (Doc. 7)
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The Court determined Plaintiff stated a cognizable claim for a violation of the Equal Pay Act,

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and has informed Plaintiff the action may proceed in this claim in her First Amended Complaint, or she

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may elect to file a Second Amended Complaint. Id. Consequently, Plaintiff has received the relief

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requested, and the motion for reconsideration is DENIED AS MOOT.

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IT IS SO ORDERED.
Dated:

October 9, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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