Anderson v. Federal Express Corporation

Filing 29

ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT re 14 . Plaintiffs shall file a dismissal and second amended complaint no later than 9/26/08. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 9/22/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 22, 2008 SUSAN ILLSTON United States District Judge IT IS SO ORDERED. v. FEDERAL EXPRESS CORPORATION, Defendant. / KYLE ANDERSON, Plaintiff, No. C 08-1441 SI ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff has filed a motion for leave to file a second amended complaint to remove claims under 42 U.S.C. § 1981 and 42 U.S.C. § 2000(e) et seq. of Title VII of the Civil Rights Act of 1964. Defendant does not oppose the motion, provided that plaintiff agrees to dismiss all federal claims with prejudice. Defendant's non-opposition also states that because defendant removed this case on the basis of diversity jurisdiction, plaintiff's dismissal of federal claims does not affect this Court's jurisdiction. Plaintiff filed a reply agreeing to dismiss all federal claims with prejudice. Accordingly, the Court GRANTS the motion. (Docket No. 14). Plaintiff shall file a dismissal and a second amended complaint no later than September 26, 2008.