Mendia v. Garcia

Filing 27

ORDER GRANTING REQUEST TO FILE AMENDED COMPLAINT; ORDER DISCHARGING OSC; ORDER DENYING MOTION TO DISMISS AS MOOT, Motions terminated: 20 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by John M. Garcia, United States Department of Homeland Security.. Signed by Judge Maria-Elena James on 7/29/2011. (cdnS, COURT STAFF) (Filed on 7/29/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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BERNARDO MENDIA

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Plaintiff(s),
v.

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No. C 10-03910 MEJ
ORDER DENYING AS MOOT
DEFENDANT'S MOTION TO
DISMISS

JOHN M. GARCIA
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Defendant(s).
_____________________________________/

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27, 2011, Plaintiff filed a request to amend his complaint. (Dkt. #25.) Under Federal Rule of Civil

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For the Northern District of California

Pending before the Court is Defendants’ Motion to Dismiss. (Dkt. #20.) However, on July

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UNITED STATES DISTRICT COURT

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Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days after

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service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). Here,

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more than 21 days have passed since Defendants filed their motion; however, the Court recognizes

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that Plaintiff is representing himself in this matter, and this is still a relatively new case. Thus, as no

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prior amended complaints have been filed, the Court shall permit Plaintiff to file an amended

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complaint under Rule 15(a). Plaintiff shall file the amended complaint by August 11, 2011. Since

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Defendants’ motion is based on Plaintiff’s original complaint, Defendants’ motion is now moot.

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Accordingly, the Court hereby DENIES Defendants’ motion as moot. Defendants shall file an

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answer or other responsive pleading within 20 days from the date Plaintiff files his amended

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complaint.

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The July 27, 2011 Order to Show Cause is DISCHARGED.

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IT IS SO ORDERED.

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Dated: July 29, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge