Yee v. U.S. Secretary of Labor, Elaine Chao

Filing 78

ORDER SETTING HEARING; DIRECTING PLAINTIFF TO SUBMIT PROPOSED AMENDED PLEADING. A hearing on plaintiff's Motion to Amend Case is set for August 28, 2009, and plaintiff is directed to submit, no later than July 24, 2009, a copy of her proposed amended pleading. Signed by Judge Maxine M. Chesney on July 8, 2009. (mmclc2, COURT STAFF) (Filed on 7/8/2009)

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. HILDA SOLIS, Secretary of Labor, Defendant. / United States District Court CHARLOTTE YEE, Plaintiff, No. C-08-4259 MMC ORDER SETTING HEARING; DIRECTING PLAINTIFF TO SUBMIT PROPOSED AMENDED PLEADING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Before the Court is plaintiff's "Motion to Amend Case," filed June 29, 2009. Plaintiff, however, has not noticed the motion for hearing. See Civ. L.R. 7-2(a) (providing motions "must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after service of the motion"). Additionally, plaintiff has failed to submit a copy of her proposed amended pleading. See, e.g., Cureton v. Nat'l Collegiate Athletic Ass'n, 252 F.3d 267, 273 (3d Cir. 2001) (holding court "may deny a request [for leave to amend] if the movant fails to provide a draft amended complaint"). Accordingly, a hearing on plaintiff's motion is hereby SET for August 28, 2009, and plaintiff is hereby DIRECTED to submit, no later than July 24, 2009, a copy of her proposed amended pleading. IT IS SO ORDERED. Dated: July 8, 2009 MAXINE M. CHESNEY United States District Judge

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