Quair v. Gertz

Filing 74

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/20/14 ORDERING that plaintiff shall file an amended complaint in this case no later than 30 days from the date of this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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Plaintiff,

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Nos. 2:11-cv-2293 JAM CKD P

v.

2:11-cv-2294 KJM KJN P
ORDER

GERTZ, et al.,

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Defendants.

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On November 3, 2014, these actions were consolidated. (ECF No. 73.)1 Per the October

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28, 2014 order by the United States Court of Appeals for the Ninth Circuit, these actions will

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proceed as follows:

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In Quair v. Gertz, No. 2:11-cv-2293, plaintiff will be granted thirty days to file an
amended complaint.

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In Quair v. Honea, No. 2:11-cv-2294, the undersigned will review plaintiff’s new

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argument on appeal “as it relates to his access to courts and retaliation claims” (ECF No. 73 at 2)

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and order supplemental briefing when and if needed.

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Under case law interpreting Federal Rule of Civil Procedure 42(a), consolidated actions retain
their separate character. See Enterprise Bank v. Saettele, 21 F.3d 233, 236 (8th Cir. 1994).

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall file an amended complaint in

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Quair v. Gertz, No. 2:11-cv-2293 no later than thirty days from the date of this order.

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Dated: November 20, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / quai2293.ord

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