Yarber v. County of Santa Clara Probation Department

Filing 16

ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT; SETTING DEADLINE FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT; EXTENDING DEADLINE FOR DEFENDANT TO FILE RESPONSE TO OPERATIVE PLEADING; DIRECTIONS TO PLAINTIFF RE: SERVICE OF DOCUMENTS ON DE FENDANT. The deadline for Yarber to file any First Amended Complaint is September 4, 2009. If, as of September 4, 2009, Yarber has not filed a First Amended Complaint, the action shall proceed on the initial complaint filed by Yarber on May 22, 2009. The deadline for the County to file a response to the operative pleading is extended to September 25, 2009. Signed by Judge Maxine M. Chesney on August 14, 2009. (mmclc1, COURT STAFF) (Filed on 8/14/2009)

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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 Before the Court is plaintiff Maurice D. Yarber's ("Yarber") Motion to Amend Civil Rights Complaint, filed August 11, 2009. As Yarber notes in his motion, defendant County of Santa Clara Probation Department ("County") has not filed a response to Yarber's initial complaint, and, under such circumstances, Yarber is entitled to amend his complaint. See Fed. R. Civ. P. 15(a). Accordingly, the motion is hereby GRANTED, and the deadline for Yarber to file any First Amended Complaint is September 4, 2009. If, as of September 4, 2009, Yarber has not filed a First Amended Complaint, the above-titled action shall proceed on the initial complaint filed by Yarber on May 22, 2009. The deadline for the County to file a response to the operative pleading is hereby EXTENDED to September 25, 2009. v. COUNTY OF SANTA CLARA PROBATION DEPARTMENT, Defendant / MAURICE D. YARBER, Plaintiff, No. C-09-2298 MMC ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT; SETTING DEADLINE FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT; EXTENDING DEADLINE FOR DEFENDANT TO FILE RESPONSE TO OPERATIVE PLEADING; DIRECTIONS TO PLAINTIFF RE: SERVICE OF DOCUMENTS ON DEFENDANT United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 Finally, the Court notes that Yarber served the instant motion on the County directly. Because the County is now represented by counsel, Yarber is hereby DIRECTED to serve all future filings solely on the County's counsel of record, at the following address: Marcy L. Berkman Deputy County Counsel Office of the County Counsel 70 West Hedding, East Wing, 9th Floor San Jose, California 95110-1770 IT IS SO ORDERED. Dated: August 14, 2009 MAXINE M. CHESNEY United States District Judge 2

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