T.T. v. Marin County Mental Health Youth and Family Services

Filing 21

ORDER GRANTING MOTION TO AMEND THE COMPLAINT. Signed by Judge Alsup on July 30, 2012. (whalc1, COURT STAFF) (Filed on 7/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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T.T. a minor, by and through his guardian
ad litem SUSAN T.,
Plaintiff,

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No. C 12-02349 WHA

ORDER GRANTING MOTION
TO AMEND THE COMPLAINT

v.

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MARIN COUNTY MENTAL HEALTH
YOUTH AND FAMILY SERVICES,

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Defendant.
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Plaintiff has filed a “Notice of Errata” seeking to change defendant from “Marin County

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Mental Health Youth and Family Services” to “County of Marin, Community Mental Health

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Services.” The Court will treat this filing as a motion to amend the complaint. The County of

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Marin, which has made a special appearance, has not opposed this name change and in fact

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agrees that the summons did not list an existing entity (however, County of Marin argues that it

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should be named defendant). No case management scheduling order has been issued and the

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motion to amend pleadings is timely under Rule 15(1)(B). Therefore, plaintiff’s motion to

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amend his complaint is GRANTED. Plaintiff shall file a new complaint with the correct name and

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serve it on defendant.

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IT IS SO ORDERED.
Dated: July 30, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE