Jackson et al v. City and County of San Francisco et al

Filing 82

ORDER RE 78 MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT. Signed by Judge Richard Seeborg on 5/6/11. (cl, COURT STAFF) (Filed on 5/6/2011)

**E-filed 5/6/11**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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ESPANOLA JACKSON, et al.,
Plaintiffs,
v.

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No. C 09-2143 RS
ORDER RE MOTION FOR LEAVE
TO FILE SUPPLEMENTAL
COMPLAINT

CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.
____________________________________/

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Plaintiffs have filed a motion seeking leave to file a supplemental complaint to address

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recent amendments to the San Francisco Police Code that affect their claim under section 1290. As

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discussed at the hearing on the motion to dismiss, while it appears that it would be procedurally

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correct for plaintiffs to proceed by way of a supplemental complaint, in this instance it would be

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more efficient, and also procedurally acceptable, to address the amended ordinances in any amended

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complaint that may be permitted when the motion to dismiss is resolved. Accordingly, in the event

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the Court concludes that defendants’ challenge to plaintiffs’ standing do not warrant dismissal of the

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entire complaint without leave to amend, it will dismiss the existing claim under section 1290, and

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provide plaintiffs an opportunity to amend to state their claims regarding sections 4502 and 4506.

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The deadline for filing an amended complaint, if allowed, will be set in the order on the pending

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motion to dismiss. Plaintiffs’ motion for leave to file a supplemental complaint is therefore denied

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as unnecessary, and the hearing set for June 9, 2011, is vacated.

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IT IS SO ORDERED.

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Dated: 5/6/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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