Clay v. Pacific Bell Telephone Company, et al

Filing 47

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/16 ORDERING that No later than 3/22/16, Plaintiff shall file an amended complaint alleging only a Title VII claim against defendant Pacific Bell and only FEHA and § 17200 claims against defendants Union and Pacific Bell. Failure to file an amended complaint shall result in a recommendation that this action be dismissed. Responsive pleading shall be filed no later than 4/26/16.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME CLAY, JR.,

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Plaintiff,

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No. 2:13-cv-1028 GEB CKD PS

v.

ORDER

PACIFIC BELL TELEPHONE
COMPANY, INC., et al.,
Defendants.

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By mandate of the United States Court of Appeals for the Ninth Circuit, filed February 19,

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2016, this matter was reversed and remanded. ECF Nos. 45, 46. The appellate court concluded

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that although all of plaintiff’s claims were properly dismissed, leave to amend should be granted

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as to plaintiff’s Title VII claim against defendant Pacific Bell and the FEHA and § 17200 claims

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against defendants Union and Pacific Bell.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than March 22, 2016, plaintiff shall file an amended complaint alleging only a

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Title VII claim against defendant Pacific Bell and only FEHA and § 17200 claims against

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defendants Union and Pacific Bell. Failure to file an amended complaint shall result in a

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recommendation that this action be dismissed.

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2. Responsive pleading shall be filed no later than April 26, 2016.
Dated: February 23, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 clay1028.rem.lta

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