Caporale et al v. United States Postal Service

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 02/08/10 ORDERING that: dfts' 8 Motion to Dismiss is WITHDRAWN and is terminated; the 02/11/10 hearing on the 14 Motion for Leave to file a second amended complaint is VACATED and the 14 Motion is GRANTED; Clerk to file plf's second amended complaint, attached as an exhibit to 14 the motion; dfts shall respond to the second amended complaint w/i 30 days. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 / Plaintiffs, proceeding in this action in propria persona, bring this civil action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346. Pending before the court is the Defendants' motion to dismiss (Doc. 8), and Plaintiff's motion for leave to file second amended complaint (Doc. 14). Plaintiff's motion is currently on calendar for a hearing on February 11, 2010. The court finds it appropriate to address the motion without the necessity of a hearing. The hearing will therefore be vacated. Defendants' have filed a notice of withdrawal of their motion to dismiss (Doc. 18), in which they state the second amended complaint cures the defects raised in the motion. It therefore appears that Defendants have no objection to Plaintiff filing a second amended complaint. As such, that request will be granted. Defendants shall respond to the second 1 vs. UNITED STATES POSTAL SERVICE, et al., NANCY L. CAPORALE, et al., Plaintiff, ORDER No. CIV S-09-1744-JAM-CMK IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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amended complaint within 30 days of the date of this order. Accordingly, IT IS HEREBY ORDERED that: 1. 2. Defendants' motion to dismiss (Doc. 8) is withdrawn; The February 11, 2010, hearing on the motion for leave to file second

amended complaint is vacated; 3. 4. Plaintiff's motion to file an amended complaint (Doc 14) is granted; The Clerk of the Court is directed to terminate the motion to dismiss (Doc.

8) as a pending motion; 5. The Clerk of the Court is further directed to file Plaintiff's second

amended complaint, attached as an exhibit to her motion (Doc. 14); and 6. Defendants shall respond to Plaintiff's second amended complaint within

30 days of the date of this order.

DATED: February 8, 2010 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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