Smith v. Office of the Attorney General for the State of California et al

Filing 38

ORDER. Signed by Judge Jeffrey S. White on 9/5/12. (jjoS, COURT STAFF) (Filed on 9/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES D. SMITH,

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For the Northern District of California

United States District Court

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No. C 12-02463 JSW

Plaintiff,
v.
OFFICE OF THE ATTORNEY GENERAL,
ET AL.,

ORDER

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Defendants.
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Due to the multiple amended complaints filed in this matter and in order to clarify, the
Court HEREBY ORDERS as follows:
(1)

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on August 24, 2012 (docket no. 35), which shall be deemed filed as of that date;
(2)

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(3)

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Defendants’ responsive pleading is due no later than 14 days after service of the
second amended complaint;

(4)

Plaintiff’s motion for summary judgment and attendant filings are mooted by the
filing of a second amended complaint (docket nos. 19 and 36);

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Defendants’ prior motion to dismiss is rendered moot by the filing of an
amended complaint (docket no. 18);

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the operative complaint is the second amended complaint received by the Court

(5)

Plaintiff may re-notice a consolidated motion for hearing on a date available on
the Court’s calendar and no less than 35 days out from filing of the motion;

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(6)

the case management conference, scheduled for September 14, 2012 at 1:30 p.m.

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is premature considering the state of the pleadings. Therefore, the initial case

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management conference is VACATED and shall be reset by further order, if

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necessary. This moots Defendants’ motion to continue the case management

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conference (docket no. 30).

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IT IS SO ORDERED.
Dated: September 5, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES D SMITH,

Case Number: CV12-02463 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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OFFICE OF THE ATTORNEY GENERAL
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Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on September 5, 2012, I SERVED a true and correct copy(ies) of the attached, by
14 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
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James D. Smith
18 705 N. State Street #547
Ukiah, CA 95482
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Dated: September 5, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk