Luckey v. Opeiu, Local 3 et al

Filing 29

ORDER RE STATUS OF CASE. Signed by Judge Richard Seeborg on 3/6/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 3/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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CLAUDINE LUCKEY,
Plaintiff,
v.

No. C 12-6233 RS
ORDER RE STATUS OF CASE

OFFICE & PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION, et al.,
Defendants.
____________________________________/

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By prior order, defendants’ motion to dismiss was granted, and all claims and all defendants

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were dismissed, except a claim for breach of the duty of fair representation against Office and

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Professional Employees International Union Local 3 (“Local 3”). Plaintiff was given leave to

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amend, though she was advised that she could pursue her basic claim against Local 3 without doing

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so. Because it was unclear whether plaintiff had abandoned this action, she was ordered either to

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file a statement that she does not intend to amend the complaint, but is still pursuing this action, or

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to file an amended complaint.

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Plaintiff thereafter filed a number of documents, including one labeled as an opposition to

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the motion to dismiss, which by then had already been granted. Plaintiff also included a declaration,

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however, which includes the title, “Statement of Not to Amend.” It is thus clear from plaintiff’s

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filings that she is electing to proceed on her remaining claim against Local 3 only, and is not going

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to file an amended complaint.

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As provided in a prior Clerk’s Notice, the parties must appear by telephone for a Case

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Management Conference on March 14, 2013 at 11:00 a.m. and must contact Court Conference at

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866/582-6878 at least one week prior to the Conference to arrange their participation.

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Plaintiff may wish to seek assistance from the Legal Help Center, a free service of the Volunteer

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Legal Services Program, by calling [phone] ext. 8657 or signing up for an appointment on

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the 15th Floor of the Courthouse, Room 2796. At the Legal Help Center, plaintiffs may speak with

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an attorney who may be able to provide basic legal help but not legal representation. Additional
resources for pro se litigants can be found at www.cand.uscourts.gov/proselitigants.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: 3/6/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

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Claudine Luckey
530 Chestnut Street #3
San Carlos, CA 94070

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DATED: 3/6/13
/s/ Chambers Staff
Chambers of Magistrate Judge Richard Seeborg

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For the Northern District of California

United States District Court

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