McDowell et al v. City and County of San Francisco et al

Filing 30

ORDER RE REPLY BRIEF TO PROPOSED ORDER GRANTING MOTION TO DISMISS AND FOURTH MOTION FOR APPOINTMENT OF COUNSEL.. Signed by Judge Jeffrey S. White on 10/22/12. (jjoS, COURT STAFF) (Filed on 10/22/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FRANK AND DEBORAH MCDOWELL,

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For the Northern District of California

United States District Court

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No. C 12-03192 JSW

Plaintiffs,
v.
CITY AND COUNTY OF SAN FRANCISCO,
Defendant.

ORDER RE REPLY BRIEF TO
PROPOSED ORDER GRANTING
MOTION TO DISMISS AND
FOURTH MOTION FOR
APPOINTMENT OF COUNSEL
(Docket Nos. 28 and 29)

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On October 16, 2012, the Court issued an Order granting Defendant’s motion to dismiss,

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and granting Plaintiffs leave to file an amended complaint. On October 15, 2012, Plaintiffs

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filed a “Reply Brief to Proposed Order Granting Motion to Dismiss Plaintiffs’ Oppose,” and a

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“Proposed Order Granting Motion for Appointment of Counsel at Government Expense,” which

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the Court shall construe as Plaintiffs’ fourth motion for appointment of counsel. These

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documents did not get entered on the Court’s docket, and the Court did not receive chambers

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copies of those documents, until after it ruled on the pending motion to dismiss. In the “Reply”

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docketed as Document 28, Plaintiffs state that they included a Fair Labor Standards Act claim

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on their civil cover sheet, and submitted a motion to amend to include claims under the Civil

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Rights Act and the Civil Service Reform Act.

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The Court has granted Plaintiffs leave to file an amended complaint by November 16,

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2012. If Plaintiffs wish to attempt to plead such claims in the amended complaint allowed by

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the Court, they may do so. If Defendants move to dismiss, they shall not argue that those
claims are beyond the scope of amendment permitted by the Court in its Order dated October

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16, 2012. By this Order, The Court expresses no opinion on the viability of the claims

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referenced in Docket No. 28.

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The Court AGAIN ADVISES Plaintiffs that the Handbook for Pro Se Litigants, which

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contains helpful information about proceeding without an attorney, is available through the

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Court’s website or in the Clerk’s office. The Court AGAIN ADVISES Plaintiffs that they also

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may wish to seek assistance from the Legal Help Center, and it encourages them to make an

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appointment before filing an amended complaint. Plaintiffs may call the Legal Help Center at

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415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for

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a free appointment with an attorney who may be able to provide basic legal help, but not legal
representation.

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For the Northern District of California

United States District Court

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If Plaintiffs choose to file an amended complaint, they shall file and serve the amended

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complaint by no later than November 16, 2012. If Plaintiffs fail to file an amended complaint

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by that date or fail to seek an request for an extension of time showing good cause to extend that

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deadline by November 16, 2012, the Court shall dismiss this case with prejudice.

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Finally, for the reasons set forth in the Court’s Order dated October 16, 2012, the Court
DENIES the fourth motion for appointment of counsel.
IT IS SO ORDERED.

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Dated: October 22, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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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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FRANK AND DEBORAH MCDOWELL
et al,

v.
CITY AND COUNTY OF SAN
FRANCISCO et al,

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Defendant.
For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE

Plaintiff,

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Case Number: CV12-03192 JSW

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on October 22, 2012, I SERVED a true and correct copy(ies) of the attached, by 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 inter-office
delivery receptacle located in the Clerk's office.

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Deborah McDowell
Frank McDowell
2800 Bellwort Court
Antioch, CA 94531

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Dated: October 22, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk