Porter v. Ent

Filing 20

ORDER REGARDING AMENDED COMPLAINT: Plaintiff shall serve amended complaint upon defendant and file proof of service; Defendant's Motion to dismiss deemed MOOT; Defendant to file responsive pleading within 14 days thereafter. Signed by Magistrate Judge Elizabeth D. Laporte on 7/5/2011. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 7/6/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JAMES B. PORTER,
Plaintiff,

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For the Northern District of California

United States District Court

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v.

No. 11-01763-EDL
ORDER REGARDING AMENDED
COMPLAINT

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GREGORY ENT, et al.

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Defendants.
___________________________________/

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In response to Defendant’s motion to dismiss, on June 27 Plaintiff filed a document entitled
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“Permission to Amend Complaint” and attached an Amended Complaint. Plaintiff is entitled to
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amend his complaint as a matter of course within 21 days after service of a responsive pleading
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pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), so the Court construes the June 27
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Complaint as the operative complaint in this action. Therefore, Defendant’s motion to dismiss is
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moot and the briefing schedule previously set by the Court is vacated. Pursuant to Rule 15(a)(3),
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Defendant has fourteen days from service of the amended complaint in which to file a responsive
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pleading. Plaintiff did not file a proof of service with his amended complaint so it is unclear when
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or if this document was served on Defendant. Plaintiff is hereby Ordered to properly serve
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Defendant with the amended complaint and file a proof of service of the amended complaint with
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the Court. Defendant shall have fourteen days from the date of service in which to respond.
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In light of their pro se status, both parties are encouraged to contact the pro se help desk of

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this Court, information about which can be found on the Court's website or by calling 415-782-

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9000.

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IT IS SO ORDERED.

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Date: July 5, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge

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For the Northern District of California

United States District Court

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