Hicks v. City of Vallejo et al

Filing 33

ORDER signed by Magistrate Judge Dale A. Drozd on 6/26/15 ORDERING that Plaintiff's 5/22/15 MOTION for leave to file a third amended complaint 27 is GRANTED; The proposed third amended complaint filed 5/22/15 27 is deemed the operative complaint; and Defendants' answer filed 5/6/15 26 is deemed the answer to the 5/22/15 third amended complaint. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYRONE EDWARD HICKS, 12 Plaintiff, 13 14 No. 2:14-cv-0669 DAD PS v. ORDER CITY OF VALLEJO, et al., 15 Defendants. 16 This action came before the court on June 26, 2015, for hearing of plaintiff’s motion for 17 18 leave to file a third amended complaint.1 Assistant City Attorney Kelly Trujillo appeared 19 telephonically on behalf of the defendants and plaintiff Tyrone Hicks appeared in person on his 20 own behalf. Upon consideration of the arguments on file and those made at the hearing, and for the 21 22 reasons set forth on the record at that hearing, IT IS HEREBY ORDERED that: 1. Plaintiff’s May 22, 2015 motion for leave to file a third amended complaint (Dkt. No. 23 24 27) is granted; 2. The proposed third amended complaint filed May 22, 2015 (Dkt. No. 27) is deemed the 25 26 27 28 operative complaint; and 1 The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. ' 636(c)(1). (Dkt. No. 25.) 1 1 3. Defendants’ answer filed May 6, 2015 (Dkt. No. 26) is deemed the answer to the May 2 22, 2015 third amended complaint. 3 Dated: June 26, 2015 4 5 6 7 8 9 DAD:6 Ddad1\orders.consent\hicks0669.oah.062615.docx 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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