Gables v. State of California EDD et al

Filing 25

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/2/09 ORDERING that 22 Amended motions to dismiss by defendants EDD and 21 Bunnell and Sanford are vacated without prejudice to their renewal at a later time. Plaintiff's 23 request for leave to file an amended complaint is GRANTED. The complaint is dismissed, and an amended complaint shall be filed by November 20, 2009. The amended complaint shall conform with the pleading requirements set forth at hearing. Failure to file an amended complaint within the time specified will result in a recommendation that this action be dismissed. No further extensions of time will be granted. Defendants shall file a response to the amended complaint by December 18, 2009. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA THEODORE GABALES, Plaintiff, vs. STATE OF CALIFORNIA, et al., SUMMARY ORDER CIV. NO. S-09-0373 MCE GGH PS

This action was referred to the undersigned pursuant to Local Rule 72-302(c)(21). Previously pending on this court's law and motion calendar for October 29, 2009, were motions to dismiss by defendants Department of Employment Development (EDD), and Bunnell and Sanford.1 Plaintiff appeared in pro se. Defendants were represented by Barbara Morris. After hearing oral argument and reviewing the papers, the court now issues the following summary order. For the reasons stated at hearing, IT IS ORDERED that: 1. Amended motions to dismiss by defendants EDD (dkt. # 22), and Bunnell and Sanford

Defendant Stephens was dismissed by earlier order, filed July 16, 2009. 1

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((dkt. #21), are vacated without prejudice to their renewal at a later time. 2. Plaintiff's request for leave to file an amended complaint, (dkt. # 23), is granted. The complaint is dismissed, and an amended complaint shall be filed by November 20, 2009. The amended complaint shall conform with the pleading requirements set forth at hearing. Failure to file an amended complaint within the time specified will result in a recommendation that this action be dismissed. No further extensions of time will be granted. 3. Defendants shall file a response to the amended complaint by December 18, 2009. DATED: November 2, 2009 /s/ Gregory G. Hollows ___________________________ GREGORY G. HOLLOWS U. S. MAGISTRATE JUDGE
GGH:076/Gabales0373.amd.wpd

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