Smith v. Office of the Attorney General for the State of California et al
Filing
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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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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 RE PENDING MOTIONS
AND FINAL COMPLAINT
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Defendants.
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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
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October 19, 2012 (docket no. 51), which shall be deemed filed as of the date of
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this Order;
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(2)
Defendants’ successive motion to dismiss is rendered MOOT by the filing of an
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amended complaint (docket no. 43) and the hearing set for November 9, 2012 is
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HEREBY VACATED;
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(3)
Order and shall set a hearing date on a date open on this Court’s calendar;
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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);
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(5)
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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
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this matter. An opposition to Defendants’ responsive pleading shall be filed by
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Plaintiff within 14 days of the filing of Defendants’ pleading or this case shall be
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DISMISSED.
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IT IS SO ORDERED.
Dated: November 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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Defendant.
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For the Northern District of California
United States District Court
OFFICE OF THE ATTORNEY GENERAL
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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.
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That on November 5, 2012, I SERVED a true and correct copy(ies) of the attached, by
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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
19 705 N. State Street #547
Ukiah, CA 95482
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Dated:
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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