KFD Enterprises Inc v. City of Eureka

Filing 344

ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT; VACATING DECEMBER 3, 2010 HEARING. Denying 313 Motion for Leave to File Amended Complaint. Signed by Judge Maxine M. Chesney. (mmclc2, COURT STAFF) (Filed on 11/22/2010)

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KFD Enterprises Inc v. City of Eureka Doc. 344 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 United States District Court KFD ENTERPRISES, INC., a California Corporation dba Norman's Dry Cleaners, Plaintiff, v. CITY OF EUREKA, Defendant / No. C-08-4571 MMC ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT; VACATING DECEMBER 3, 2010 HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Before the Court is plaintiff KFD Enterprises Inc's ("KFD") Motion for Leave to File Fourth Amended Complaint, filed October 15, 2010. The City of Eureka, R.R. Street & Co, Inc., Firbimatic SpA, Multimatic LLC, and the Kirrberg Corporation have filed statements of non-opposition; no other response to the motion has been filed. As set forth below, however, the motion nonetheless will be denied. On November 12, 2010, the Court granted in part, and with leave to amend, two motions to dismiss KFD's Third Amended Complaint. (See Doc. Nos. 332, 333.) A review of KFD's proposed Fourth Amended Complaint reveals that the proposed pleading suffers from at least some of the same deficiencies found in KFD's Third Amended Complaint. Accordingly, KFD's Motion for Leave to File Fourth Amended Complaint is hereby DENIED, without prejudice to KFD's filing a Fourth Amended Complaint in accordance with the Court's orders of November 12, 2010. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In light of the above, the hearing on the motion, currently scheduled for December 3, 2010, is hereby VACATED. IT IS SO ORDERED. Dated: November 22, 2010 MAXINE M. CHESNEY United States District Judge 2

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