Thomas v. The Home Depot U.S.A., Inc. et al

Filing 64

ORDER signed by Magistrate Judge Allison Claire on 5/12/15. Plaintiff's fourth amended complaint is stricken and the 61 Motion to Dismiss is DENIED as moot. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VELDEMETRIC R. THOMAS,

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No. 2:13-cv-02250-TLN-AC

Plaintiff,
v.

ORDER

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HOME DEPOT U.S.A., INC.,

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Defendant.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). On March 30,

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2015, the court issued an order and findings and recommendations, ordering plaintiff’s

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unauthorized fourth and fifth amended complaints, ECF Nos. 53, 54, stricken and recommending

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that defendant’s motion to dismiss be granted in part and denied in part. ECF No. 57. On April

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13, 2015, before the district judge responded to the undersigned’s findings and recommendations,

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plaintiff filed another unauthorized fourth amended complaint. ECF No. 59. On April 30, 2015,

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defendant filed a motion to dismiss plaintiff’s fourth amended complaint. ECF No. 61. On May

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11, 2015, the presiding district judged adopted plaintiff’s findings and recommendations in full,

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dismissing the majority of plaintiff’s claims and ordering her to file a fourth amended complaint

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within thirty (30) days. ECF No. 62.

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Plaintiff’s fourth amended complaint was filed before the undersigned’s findings and
recommendations were adopted by the presiding district judge and without leave of the court in
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violation of Federal Rule 15(a). Accordingly, the court will order plaintiff’s fourth amended

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complaint stricken and deny defendant’s motion to dismiss as moot. Plaintiff must file an

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amended complaint within thirty days in accordance with the district judge’s order to

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proceed with this matter.

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In accordance with the foregoing, THE COURT HEREBY ORDERS that:

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1. Plaintiff’s fourth amended complaint, ECF No. 59, is STRICKEN; and

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2. Defendant’s motion to dismiss, ECF No. 61, is DENIED as moot.

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DATED: May 12, 2015

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