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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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