Chrisanthis v. Cason et al

Filing 33

ORDER RE DEFENDANTS' RESPONSE AND REQUEST TO STRIKE THE FIRST AMENDED COMPLAINT (whalc2, COURT STAFF) (Filed on 9/12/2008)

1 2 3 4 5 6 7 8 9 10 ANTHONY CHRISANTHIS, Plaintiff, v. DR. BRIAN CASON, IRVING SPIVEY, and DOES 1 to 10, Defendants. / ORDER RE DEFENDANTS' RESPONSE AND REQUEST TO STRIKE THE FIRST AMENDED COMPLAINT No. C 08-02472 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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On August 4, 2008, defendants filed a "Motion to Dismiss or, in the Alternative, for Summary Judgment." On August 28, 2008, upon request by plaintiff , the Court granted plaintiff an extension of the deadline to file its opposition to September 2, 2008, and reset the hearing for September 18, 2008. On September 2, instead of filing an opposition, plaintiff filed a First Amended Complaint, which it was entitled to do as a matter of course. Rule 15(a)(1)(A). The Court ordered defendants to updated the Court regarding how it would proceed with its pending motion to dismiss and the need for the hearing on that motion scheduled for September 18, 2008. (Dkt. No. 31). In response, defendants requested the Court to consider its pending motion as submitted, grant the motion, vacate the September 18 hearing, and strike plaintiff's first amended complaint pursuant to Rules 8(e) and 12(f). The Court denies defendants' request to strike the first amended complaint, because that complaint is not redundant, immaterial, impertinent, or scandalous. The Court hereby vacates the September 18, 2008 hearing on defendants' pending motion to dismiss because the motion

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is moot. Defendants shall have until September 26, 2008, to amend and re-notice their motion to dismiss to take into account the new pleading. Plaintiff's opposition shall be due October 3, 2008. Defendants' reply shall be due October 10, 2008. A hearing on the matter will be held on October 23, 2008. Plaintiffs may not further amend their pleading without express leave from the Court. The parties are further advised that the Court intends enforce the deadlines set forth in this order absent good cause, given the already protracted proceedings on this matter.

IT IS SO ORDERED.

United States District Court

11
For the Northern District of California

Dated: September 12, 2008

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WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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