Bernstein v. Target Stores, Inc. et al

Filing 27

ORDER TO REFILE MOTION. Plaintiff must refile his motion for leave to amend the complaint and notice the motion for hearing. The deadlines for response and reply in connection with docket entry 26 are vacated. Signed by Judge Nathanael Cousins on 5/23/2013. (lmh, COURT STAFF) (Filed on 5/23/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 JOHN L. BERNSTEIN, IV, Plaintiff, 13 v. 14 15 Case No. 13-cv-01018 NC ORDER TO REFILE MOTION Re: Dkt. No. 26 TARGET STORES, INC., et al, Defendants. 16 17 On May 22, 2013, plaintiff John Bernstein, IV, proceeding pro se, filed a “Motion and 18 19 Leave to File Amendment to Complaint and Joinder of Additional Parties Claiming 20 Emotional Distress and Additional Causes of Action.” Dkt. No. 26. The motion was not 21 noticed for a hearing. See Civil L.R. 7-2 (requiring that “all motions must be filed, served 22 and noticed in writing on the motion calendar of the assigned Judge for hearing not less 23 than 35 days after service of the motion”). In addition, the motion fails to append the 24 proposed amended complaint. See Civil L.R. 10-1. By June 5, 2013, plaintiff must refile his motion for leave to amend the complaint to 25 26 correct the deficiencies identified in this order. 27 // 28 Case No. 13-cv-01018 NC ORDER TO REFILE MOTION 1 Th deadlines for respon and reply in conne he nse ection with d docket entr No. 26 ar ry re . 2 vacated. 3 IT IS SO OR T RDERED. 4 Date: May 23 2013 3, ____ __________ __________ _____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 5 6 7 8 9 10 0 11 1 12 2 13 3 14 4 15 5 16 6 17 7 18 8 19 9 20 0 21 1 22 2 23 3 24 4 25 5 26 6 27 7 28 8 Case No. 13-cv-01018 NC ORDER TO REFILE MOTION R E 2

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