Moses Flores v. Wespak

Filing 5

ORDER DIRECTING Clerk to Refile Documents and to Close Case no. 1:17-cv-400 DAD-EPG, signed by District Judge Anthony W. Ishii on 03/22/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MOSES FLORES,

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Plaintiff

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CASE NO. 1:17-CV-0326 AWI BAM
ORDER DIRECTING CLERK TO
REFILE DOCUMENTS AND TO CLOSE
CASE NO. 1:17-CV-0400 DAD EPG

v.
WESPAK,

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Defendant

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On March 6, 2017, Plaintiff filed a complaint in the above captioned case (the “March 6

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case”). The Complaint indicates that it concerns claims under Title VII, and that it involves

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Plaintiff’s termination from Defendant on April 28, 2016. Plaintiff is proceeding pro se.

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On March 20, 2017, a new case was opened in this Court involving Plaintiff. In Case No.

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1:17-cv-0400 DAD EPG (the “March 20 case”), Plaintiff indicates that he is bringing claims under

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Title VII and that his termination on April 28, 2016 is involved. Wespak is named as a defendant

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in both the March 6 and March 20 cases, but the March 20 case adds J.V. Farm Labor Services as

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a defendant.

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Given the allegations in both the March 6 and March 20 cases, and especially considering

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Plaintiffs’ pro se status, it appears to the Court that the Complaint in the March 20 case is meant to

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be an amended complaint in the March 6 case. Under these circumstances, it is appropriate to

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transfer the filings in the March 20 case to the March 6 case and close the March 20 case as

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duplicative.

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Accordingly, IT IS HEREBY ORDERED that:
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The Clerk shall refile Document Nos. 1 and 2 from Case No. 1:17-CV-0400 DAD EPG
into the docket of Case No. 1:17-CV-0326 AWI BAM;

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The Clerk shall add “J.V. Farm Labor Services” as a Defendant in Case No. 1:17-CV-0326
AWI BAM;

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3.

The Clerk shall administratively CLOSE Case No. 1:17-CV-0400 DAD EPG;1 and

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4.

All future filings by Plaintiff regarding this case shall use Case No. 1:17-CV-0326 AWI

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BAM.

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IT IS SO ORDERED.
Dated: March 22, 2017
SENIOR DISTRICT JUDGE

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The administrative closing of Case No. 1:17-CV-0400 DAD EPG is not “on the merits” and will not impact the
substantive proceedings in Case No. 1:17-CV-0326 AWI BAM.

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