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

Filing 56

ORDER RE PENDING MOTIONS AND FINAL COMPLAINT. Signed by Judge Jeffrey S. White on 11/5/12. (jjoS, COURT STAFF) (Filed on 11/5/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JAMES D. SMITH, 11 For the Northern District of California United States District Court 10 12 No. C 12-02463 JSW Plaintiff, v. OFFICE OF THE ATTORNEY GENERAL, ET AL., ORDER RE PENDING MOTIONS AND FINAL COMPLAINT 13 Defendants. 14 / 15 16 17 18 Due to the multiple amended complaints and motions filed in this matter and in order to clarify, the Court HEREBY ORDERS as follows: (1) the operative complaint is the fifth amended complaint received by the Court on 19 October 19, 2012 (docket no. 51), which shall be deemed filed as of the date of 20 this Order; 21 (2) Defendants’ successive motion to dismiss is rendered MOOT by the filing of an 22 amended complaint (docket no. 43) and the hearing set for November 9, 2012 is 23 HEREBY VACATED; 24 (3) Order and shall set a hearing date on a date open on this Court’s calendar; 25 26 27 28 Defendants’ responsive pleading is due no later than 14 days after service of this (4) Plaintiff’s motion to expedite a hearing before the Ninth Circuit Court of Appeals is improperly filed before this Court and is DENIED (docket no. 49); 1 (5) 2 3 Plaintiff’s fifth amended complaint names the parties he intends to sue and thus MOOTS Plaintiff’s request for a change of case name (docket no. 53); (6) the fifth amended complaint shall be the LAST iteration of the complaint filed in 4 this matter. An opposition to Defendants’ responsive pleading shall be filed by 5 Plaintiff within 14 days of the filing of Defendants’ pleading or this case shall be 6 DISMISSED. 7 8 9 IT IS SO ORDERED. Dated: November 5, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 UNITED STATES DISTRICT COURT 3 FOR THE 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 JAMES D SMITH, Case Number: CV12-02463 JSW 7 Plaintiff, CERTIFICATE OF SERVICE 8 v. 9 Defendant. 11 For the Northern District of California United States District Court OFFICE OF THE ATTORNEY GENERAL 10 et al, / 12 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 14 That on November 5, 2012, I SERVED a true and correct copy(ies) of the attached, by 15 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 16 inter-office delivery receptacle located in the Clerk's office. 17 18 James D. Smith 19 705 N. State Street #547 Ukiah, CA 95482 20 21 22 23 24 25 26 27 28 Dated: Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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