O'Neal v. Johnson et al

Filing 42

ORDER signed by Magistrate Judge Dale A. Drozd on 8/7/15. IT IS HEREBY ORDERED that 32 Motion to Add Defendants and 33 Motion to Amend the Complaint are GRANTED. The proposed 36 Sixth Amended Complaint is deemed the operative pleading in this action, and within 14 days of the date of this order plaintiff shall serve the sixth amended complaint on the newly named defendants and file proof of that service with the court. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SEAN O’NEAL,

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Plaintiff,

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No. 2:14-cv-2374 DAD PS

v.

ORDER

AUGUST JOHNSON, et al.,

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Defendants.

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This matter came before the court on August 7, 2015, for the hearing of plaintiff’s motion

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to add defendants. Plaintiff Sean O’Neal appeared on his own behalf. Deputy City Attorney

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Sean Richmond appeared on behalf of the defendants.1
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 motion to add defendants (Dkt. No. 20), re-noticed on July 10, 2015 (Dkt.

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Nos. 32 & 33), and again on July 20, 2015 (Dkt. No. 36) is granted;
2. The proposed sixth amended complaint filed July 20, 2015 (Dkt. No. 36) is deemed the

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operative pleading in this action2; and

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The parties currently before the court have previously consented to Magistrate Judge
jurisdiction over this action pursuant to 28 U.S.C. ' 636(c)(1). (Dkt. No. 16.)
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No further amendment to the sixth amended complaint will be permitted in this action.
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3. Within fourteen days of the date of this order plaintiff shall serve the sixth amended

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complaint on the newly named defendants and file proof of that service with the court.

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Dated: August 7, 2015

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DAD:6
Ddad1\orders.consent\o’neal2374.oah.080715.docx

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