Martin v. City of Vallejo

Filing 61

ORDER signed by Magistrate Judge Dale A. Drozd on 5/22/15: Plaintiff's April 8, 2015 motion for leave to file a second amended complaint 55 is granted. The proposed second amended complaint filed April 8, 2015 55 is deemed the operative complaint. Defendants shall file an answer to the second amended complaint within fourteen days of the date of this order. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON JEROME MARTIN,

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Plaintiff,

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v.

No. 2:14-cv-0554 DAD PS

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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This matter came before the court on May 22, 2015, for the hearing of plaintiff’s motion

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for leave to file a second amended complaint. (Dkt. No. 55.) Attorney Kelly Trujillo appeared

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telephonically on behalf of the defendants and plaintiff Leon Jerome Martin appeared on his own

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behalf.
Upon consideration of the arguments on file and those made at the hearing, and for the

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reasons set forth on the record at that hearing, IT IS HEREBY ORDERED that:
1. Plaintiff’s April 8, 2015 motion for leave to file a second amended complaint (Dkt. No.

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55) is granted;

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2. The proposed second amended complaint filed April 8, 2015 (Dkt. No. 55-2) is deemed
the operative complaint1; and

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3. Defendants shall file an answer to the second amended complaint within fourteen days

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of the date of this order.

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Dated: May 22, 2015

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DAD:6
Ddad1\orders.consent\martin0554.oah.052215.docx

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Although titled “Plaintiff’s First Amended Civil Rights Complaint,” (Dkt. No. 55-2) plaintiff’s
proposed complaint is actually his second amended complaint. Plaintiff previously filed a first
amended complaint in this action on April 25, 2014. (Dkt. No. 4.) Accordingly, the word “First”
is hereby stricken from the title of the second amended complaint filed April 8, 2015 and the
complaint will hereafter be referred to as the second amended complaint.
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