Smith et al v. Schwarzenegger et al

Filing 91

ORDER striking first and second amended complaints and granting extension of time to file consolidated complaint. Deadline 12/1/2014. Signed by Magistrate Judge Stanley A. Boone on 8/27/2014. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COREY LAMAR SMITH, et al.,

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Plaintiffs,
v.

Case No. 1:14-cv-00060-LJO-SAB
ORDER STRIKING FIRST AND SECOND
AMENDED COMPLAINTS AND GRANTING
EXTENSION OF TIME TO FILE
CONSOLIDATED COMPLAINT

ARNOLD SCHWARZENEGGER, et al.,
(ECF Nos. 83, 84, 86, 87, 88)

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Defendants.
DEADLINE: DECEMBER 1, 2014

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On August 18, 2014, an order issued consolidating related cases and Plaintiffs were

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ordered to file a consolidated complaint within fourteen days. On August 25, 2014, the plaintiffs

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filed a first amended complaint in the related Beagle action and second amended complaint in this

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action. The court issued an order requiring the plaintiffs to identify which was the consolidated

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complaint. On August 26, 2014, Plaintiffs filed a reply stating that the amended complaints were

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filed due to Judge O’Neill’s order which was issued on July 30, 2014. Plaintiffs additionally

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requested an extension of 90 days to file the consolidated complaint in this action.

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Based upon Plaintiffs’ reply and this Court order of August 18, the Court shall strike the

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complaints filed on August 22, 2014 (ECF Nos. 83 and 84). Based on the Plaintiffs’ response,

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the Court finds good cause to grant the extension of time requested.

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Based on the foregoing, IT IS HEREBY ORDERED that the first amended complaint and

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second amended complaint filed August 22, 2014 are STRICKEN from the record. Plaintiffs’
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request for an extension of time is GRANTED and the consolidated complaint shall be filed on or

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before December 1, 2014.

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IT IS SO ORDERED.
Dated:

August 27, 2014
UNITED STATES MAGISTRATE JUDGE

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