Flattum v. State of California Department of Consumer Affairs et al

Filing 25

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/8/13 GRANTING 24 Motion for Leave to File Second Amended Complaint. This action is no longer stayed. Defendants shall file a response to the second amended complaint within 28 days of this order. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GORDON H. FLATTUM,

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Plaintiff,

No. CIV S-11-2711 LKK GGH PS

vs.

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STATE OF CALIFORNIA DEPARTMENT
OF CONSUMER AFFAIRS, et al.,
Defendants.

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ORDER

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Plaintiff is proceeding in this action pro se and in forma pauperis. This

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proceeding was referred to this court by Local Rule 302(c)(21). On July 9, 2012, the district

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court adopted this court findings and recommendations which recommended denying defendant’s

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motion to dismiss without prejudice and staying this action until the administrative proceedings

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in state court are concluded. Plaintiff has now filed a motion for leave to file a second amended

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complaint which indicates that the administrative proceedings are concluded. Defendants have

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not filed an opposition to the motion.

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Accordingly, IT IS ORDERED that:

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1. This action is no longer stayed.

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2. Plaintiff’s motion for leave to file a second amended complaint, filed February

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25, 2013, (dkt. no. 24), is granted.
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3. Defendants shall file a response to the second amended complaint within

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twenty-eight (28) days of this order.

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DATED: April 8, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Flattum2711.2am.wpd