Novo v. Ashby et al

Filing 11

ORDER signed by Judge Lawrence K. Karlton on 6/7/2013 ORDERING plaintiff is GRANTED leave to file a First Amended Complaint no later than 7 days after entry of this order; defendants are to file responsive pleadings or motions thereto within the times provided for by the FRCP; the Motion to Dismiss and Motion to Strike hearing currently set for 6/17/2013 is VACATED. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SARAH R. NOVO,
NO. CIV. S-13-0521 LKK/AC

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Plaintiff,
v.
O R D E R

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CITY OF SACRAMENTO,
ANGELIQUE ASHBY,

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Defendants.
/

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On March 15, 2013, plaintiff Sarah R. Novo filed her initial

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complaint herein against defendants Angelique Ashby and City of

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Sacramento. Defendants now move to dismiss and to strike portions

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of the complaint pursuant to Federal Rule of Civil Procedure 12.

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A hearing on these motions is currently scheduled for June 17,

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2013. (ECF No. 6.)

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On

June

3,

2013,

plaintiff

filed

a

document

entitled

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“Response,” and on June 4, 2013, an amendment to this “Response.”

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(ECF Nos. 9, 10.) These filings include a belated attachment to the

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complaint, purport to dismiss a claim against defendant City, and

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contain some legal argument in opposition to defendants’ motions.
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Local Rule 220 provides:

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Unless prior approval to the contrary is obtained from
the Court, every pleading to which an amendment or
supplement is permitted . . . shall be retyped and filed
so that it is complete in itself without reference to
the prior or superseded pleading. No pleading shall be
deemed amended or supplemented until this Rule has been
complied with. All changed pleadings shall contain
copies of all exhibits referred to in the changed
pleading.

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While the time to file an amended complaint as a matter of course

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under Federal Rule of Civil Procedure 15 has expired, it appears

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that portions of plaintiff’s “Response” are germane to the issues

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raised in defendants’ motions. Accordingly, the court will grant

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plaintiff leave to file an amended complaint, and will forego

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ruling on defendants’ motions. Defendants may renew their motions,

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if they wish, after plaintiff files the amended complaint.

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The court hereby ORDERS as follows:

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1.

Plaintiff

is

GRANTED

leave

to

file

a

First

Amended

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Complaint no later than seven (7) days after entry of this order.

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Defendants are to file responsive pleadings or motions thereto

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within the times provided for by the Federal Rules of Civil

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Procedure.

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2. The hearing on defendants’ motion to dismiss and motion to

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strike, currently set for June 17, 2013 at 10:00 a.m., is hereby

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VACATED.

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IT IS SO ORDERED.

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DATED:

June 7, 2013.

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