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)

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**E-filed 5/6/11** 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 ESPANOLA JACKSON, et al., Plaintiffs, v. 13 14 15 16 No. C 09-2143 RS ORDER RE MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. ____________________________________/ 17 18 Plaintiffs have filed a motion seeking leave to file a supplemental complaint to address 19 recent amendments to the San Francisco Police Code that affect their claim under section 1290. As 20 discussed at the hearing on the motion to dismiss, while it appears that it would be procedurally 21 correct for plaintiffs to proceed by way of a supplemental complaint, in this instance it would be 22 more efficient, and also procedurally acceptable, to address the amended ordinances in any amended 23 complaint that may be permitted when the motion to dismiss is resolved. Accordingly, in the event 24 the Court concludes that defendants’ challenge to plaintiffs’ standing do not warrant dismissal of the 25 entire complaint without leave to amend, it will dismiss the existing claim under section 1290, and 26 provide plaintiffs an opportunity to amend to state their claims regarding sections 4502 and 4506. 27 The deadline for filing an amended complaint, if allowed, will be set in the order on the pending 28 1 motion to dismiss. Plaintiffs’ motion for leave to file a supplemental complaint is therefore denied 2 as unnecessary, and the hearing set for June 9, 2011, is vacated. 3 4 IT IS SO ORDERED. 5 6 7 8 Dated: 5/6/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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