Massey v. City of San Mateo et al
Filing
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ORDER RE MOTIONS TO DISMISS AND TO STRIKE. Signed by Judge Richard Seeborg on 1/5/12. (cl, COURT STAFF) (Filed on 1/5/2012)
**E-filed 1/5/12**
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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For the Northern District of California
United States District Court
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Plaintiff,
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No. C 11-4222 RS
CARLOS MASSEY,
ORDER RE MOTION TO DISMISS
AND TO STRIKE
v.
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CITY OF SAN MATEO, et al,
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Defendants.
____________________________________/
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Defendants move to dismiss and strike the complaint herein. Although plaintiff filed no
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timely response to the motion, he has now exercised his one-time right to amend the complaint
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without leave of Court. Without opining as to whether or not the amended complaint addresses all of
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the purported defects identified in defendants’ motion, the revisions appear to be significant enough
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that it would not be practicable to deem the existing motion as applying to it. Accordingly, the
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motion is denied, without prejudice to defendant’s right to reassert any arguments contained therein
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to the extent they may be equally applicable to the amended complaint. The hearing set for January
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19, 2012 is vacated.
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IT IS SO ORDERED.
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Dated: 1/5/12
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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE
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