McCoy v. Department of the Army et al

Filing 62

ORDER signed by Senior Judge Lawrence K. Karlton on 3/15/2011 ORDERING 49 that plaintiff's claim for a declaratory judgment is DISMISSED WITH PREJUDICE.(Reader, L)

-CMK McCoy v. Army Corps of Engineers, et al.

Doc. 62

1 2 3 4 5 6 7 ROSLYN McCOY, 8 NO. CIV. S-09-1973 LKK/CMK 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / On December 17, 2010, plaintiff Roslyn G. McCoy ("plaintiff") filed a second amended complaint ("SAC"). Plaintiff brings three claims in her SAC: (1) employment discrimination based on v. DEPARTMENT OF THE ARMY -ARMY CORPS OF ENGINEERS and HONORABLE JOHN McHUGH, SECRETARY OF THE ARMY, collectively, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

O R D E R

disability; (2) retaliation; and (3) declaratory judgment. On January 28, 2011, defendant John McHugh, Secretary of the Army ("defendant") moved to dismiss plaintiffs' claim for a declaratory judgment. Plaintiff failed to file an opposition or statement of non-opposition to this motion, and instead filed a third amended complaint without first seeking leave of this court to do so. The third amended complaint removed the claim for a declaratory

judgment. On February 18, 2011, the court ordered plaintiff to show 1
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cause why sanctions should not issue for her failure to file an opposition or statement of non-opposition to the motion. The court also granted defendant's motion to strike the third amended

complaint and instructed plaintiff to file a motion for leave to file an amended complaint no later than March 3, 2011. "Failure to do so will result in the court granting defendant's motion to dismiss . . . with prejudice." Plaintiff responded to the order to show cause, and the court subsequently sanctioned her counsel $150. Plaintiff has not moved for leave to file an amended complaint. For the foregoing reasons, the court HEREBY ORDERS that plaintiff's claim for a declaratory judgment is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. DATED: March 15, 2011.

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