Mariolle v. Volvo Group North America Inc. et al

Filing 51

ORDER STRIKING PLAINTIFFS' AMENDED COMPLAINTS FOR FAILURE TO COMPLY WITH FEDERAL RULES. The amended complaints are STRICKEN, and plaintiffs are directed to file, respectively and no later than June 16, 2010, a First Amended Complaint and Second Amended Complaint complying with Fed. R. Civ. P. 10(a). Signed by Judge Maxine M. Chesney on June 14, 2010. (mmclc2, COURT STAFF) (Filed on 6/14/2010)

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. VOLVO GROUP NORTH AMERICA, INC., et al., Defendants. / On May 21, 2010, Plaintiffs Raymond P. Mariolle and Regina Lynn Mariolle filed, respectively, their First Amended Complaint and Second Amended Complaint. Plaintiffs, however, have failed to comply with Rule 10(a) of the Federal Rules of Civil Procedure, in that they omitted the names of the newly-added defendants, Labrie Environmental Group and Wittke Waste Equipment, from the captions of said pleadings. See Fed. R. Civ. P. REGINA LYNN MARIOLLE, Plaintiff, v. VOLVO GROUP NORTH AMERICA, INC., et al., Defendants. / RAYMOND P. MARIOLLE, Plaintiff, ORDER STRIKING PLAINTIFFS' AMENDED COMPLAINTS FOR FAILURE TO COMPLY WITH FEDERAL RULES United States District Court No. C 09-1209 MMC No. C 09-4250 MMC IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Rule 10(a) (providing "title of the complaint must name all the parties"); see also Ferdick v. Bonzelet, 963 F.2d 1258, 1260, 1263 (9th Cir. 1992) (holding plaintiff failed to comply with Rule 10(a) where caption of amended complaint identified all but one defendant by "et al."; affirming dismissal where plaintiff failed to file conforming amended complaint within time provided by court's order). Accordingly, the above-referenced amended complaints are hereby STRICKEN, and plaintiffs are hereby directed to file, respectively and no later than June 16, 2010, a First Amended Complaint and Second Amended Complaint that conform to the requirements of Rule 10(a).

IT IS SO ORDERED.

Dated: June 14, 2010 MAXINE M. CHESNEY United States District Judge

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