Ortiz v. Diversified Consultants, Inc.

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 10/4/2017 ORDERING that plaintiff's request for the court to answer certain specified questions is DENIED. Plaintiff shall file any second amended complaint no later than 10/27/2017. Defendants shall respond to any second amended complaint within 21 days of its filing. No further extensions will be granted. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENE ORTIZ,

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Plaintiff,

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No. 2:17-cv-0713-TLN-KJN PS

v.

ORDER

DIVERSIFIED CONSULTANTS, INC., et
al.
Defendants.

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On August 21, 2017, the court granted defendants’ motion to dismiss, and provided

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plaintiff 21 days to file a second amended complaint. (ECF No. 26.) Thereafter, on September 8,

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2017, the court, upon plaintiff’s request, granted plaintiff additional time until October 6, 2017, to

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file a second amended complaint. (ECF No. 28.)
Presently pending before the court is plaintiff’s motion for an additional extension of at

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least 21 days to file a second amended complaint, along with a request for the court to answer

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certain specified questions. (ECF No. 31.) Because the court cannot provide plaintiff with legal

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advice or litigation guidance, plaintiff’s request for the court to answer the specified questions is

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denied. The court’s order granting defendants’ motion to dismiss outlined the reasons for

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dismissal of the first amended complaint, and specifically identified the deficiencies of plaintiff’s

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claims.
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However, the court grants plaintiff’s request for a 21-day extension to file a second

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amended complaint in accordance with the court’s August 21, 2017 order. Plaintiff is cautioned

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that no further extensions will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for the court to answer certain specified questions is DENIED.

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2. Plaintiff shall file any second amended complaint no later than October 27, 2017.

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3. Defendants shall respond to any second amended complaint within 21 days of its

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filing.
4. No further extensions will be granted. Failure to timely file a second amended

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complaint may result in dismissal of the action pursuant to Federal Rule of Civil

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Procedure 41(b).

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IT IS SO ORDERED.

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This order resolves ECF No. 31.

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Dated: October 4, 2017

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