Kinney v. State Bar of California et al

Filing 15

ORDER RE: PLAINTIFF'S MOTION TO CLARIFY; VACATING AUGUST 16, 2013 HEARING; CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from July 12, 2013 to September 20, 2013. A Joint Case Management Statement shall be filed no later than September 13, 2013. Signed by Judge Maxine M. Chesney on July 3, 2013. (mmclc1, COURT STAFF) (Filed on 7/3/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA For the Northern District of California United States District Court 10 11 CHARLES KINNEY, Plaintiff, 12 13 14 No. C-13-1396 MMC ORDER RE: PLAINTIFF’S MOTION TO CLARIFY; VACATING AUGUST 16, 2013 HEARING; CONTINUING CASE MANAGEMENT CONFERENCE v. STATE BAR OF CALIFORNIA, et al., Defendants. 15 / 16 17 Before the Court is plaintiff Charles Kinney’s (“Kinney”) “Motion to Clarify May 9, 18 2013 Order,” filed June 21, 2013.1 Defendant State Bar of California (“the State Bar”) has 19 filed a response. Having read and considered the papers filed in support of and in 20 response to the motion, the Court deems the matter suitable for decision thereon, 21 VACATES the hearing scheduled for August 16, 2013, and rules as follows. 22 On March 28, 2013, Kinney filed the instant action, naming in his complaint four 23 defendants, specifically, the State Bar, the City of Los Angeles, California Superior Court 24 Judge Luis A. Lavin, and California Court of Appeal Justice Roger W. Boren. On April 18, 25 2013, the State Bar filed a motion to dismiss the claims against it. In its order of May 9, 26 27 28 1 Kinney failed to provide the Court with a chambers copy of his motion Nonetheless, the Court has considered it. For future reference, Kinney is reminded that, pursuant to Civil Local Rule 5-1(e)(7) and the Court’s Standing Orders, parties are required to provide for use in chambers one paper copy of each document that is filed electronically. 1 2013, the Court granted the State Bar’s motion to dismiss, finding the Eleventh Amendment 2 barred all of Kinney’s claims against the State Bar. In accordance therewith, the Court 3 ruled as follows: “[T]he State Bar’s motion to dismiss is hereby GRANTED, and Kinney’s 4 claims against the State Bar are hereby DISMISSED without leave to amend.” (See Order, 5 filed May 9, 2013, at 2:11-12.)2 6 By the instant motion, Kinney seeks “clarification” of the Court’s May 9, 2013 order, 7 specifically, whether “this entire case may have been dismissed.” (See Pl.’s Mot. at 2:12- 8 20.) 9 The Court finds the May 9, 2013 order is clear on its face and that no clarification is 10 necessary. Nonetheless, to the extent any confusion on Kinney’s part may exist, Kinney is 11 hereby advised that the May 9, 2013 order dismissed Kinney’s claims against the State Bar 12 and did not address Kinney’s claims against the other three defendants named in the 13 complaint. Consequently, the complaint remains pending against the defendants other 14 than the State Bar. Lastly, because none of the remaining defendants has appeared and the record 15 16 includes no indication that Kinney has served them with the summons and complaint,3 the 17 Case Management Conference is hereby CONTINUED from July 12, 2013 to September 18 20, 2013. A Joint Case Management Statement shall be filed no later than September 13, 19 2013. 20 IT IS SO ORDERED. 21 22 Dated: July 3, 2013 MAXINE M. CHESNEY United States District Judge 23 24 25 26 27 2 Additionally, in said order, the Court denied as procedurally improper Kinney’s request to amend his complaint to add seven new defendants. 3 28 Because the complaint was filed on March 28, 2013, the 120-deadline for Kinney to serve defendants is July 26, 2013. See Fed. R. Civ. P. 4(m). 2

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