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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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 BERNARDO MENDIA 5 Plaintiff(s), v. 6 No. C 10-03910 MEJ ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS JOHN M. GARCIA 7 8 Defendant(s). _____________________________________/ 9 27, 2011, Plaintiff filed a request to amend his complaint. (Dkt. #25.) Under Federal Rule of Civil 12 For the Northern District of California Pending before the Court is Defendants’ Motion to Dismiss. (Dkt. #20.) However, on July 11 UNITED STATES DISTRICT COURT 10 Procedure 15, a party may amend its pleading once “as a matter of course” within “21 days after 13 service of a responsive pleading or 21 days after service of a motion. Fed. R. Civ. P. 15(a)(1). Here, 14 more than 21 days have passed since Defendants filed their motion; however, the Court recognizes 15 that Plaintiff is representing himself in this matter, and this is still a relatively new case. Thus, as no 16 prior amended complaints have been filed, the Court shall permit Plaintiff to file an amended 17 complaint under Rule 15(a). Plaintiff shall file the amended complaint by August 11, 2011. Since 18 Defendants’ motion is based on Plaintiff’s original complaint, Defendants’ motion is now moot. 19 Accordingly, the Court hereby DENIES Defendants’ motion as moot. Defendants shall file an 20 answer or other responsive pleading within 20 days from the date Plaintiff files his amended 21 complaint. 22 The July 27, 2011 Order to Show Cause is DISCHARGED. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: July 29, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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