MICHELE FOTINOS-v-BETH LABSON-FREEMAN, ET AL.

Filing 19

ORDER Granting Leave to Amend. Motions terminated: 9 MOTION to Dismiss. Signed by Judge Thelton E. Henderson on 11/18/2013. (tmi, COURT STAFF) (Filed on 11/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PATRICIA J. BARRY, in propria
persona and MICHELLE
FOTINOS,

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No. C13-4463 TEH
ORDER GRANTING PLAINTIFFS
LEAVE TO AMEND AND
VACATING DEFENDANTS’
MOTION TO DISMISS

Plaintiffs,

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v.

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BETH LABSON-FREEMAN, et al.
Defendants.

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For the Northern District of California

United States District Court

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Defendants Beth Labson-Freeman, Jonathan Karesh, Robert Foiles, and Clifford

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Cretan (hereinafter “Judicial Defendants”) filed a motion to dismiss on October 18, 2013.

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Plaintiffs filed an amended complaint on November 12, 2013, more than 21 days after the

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filing of the motion to dismiss and therefore beyond the time allowed for amendment as of

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right under Federal Rule of Civil Procedure 15(a)(1)(B). Plaintiffs also failed to file an

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opposition or statement of non-opposition to Judicial Defendants’ motion by the

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November 1, 2013 deadline.

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Nonetheless, the Court finds good cause to excuse Plaintiffs’ late filing in this

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instance. After this case was reassigned to this Court, Judicial Defendants re-noticed their

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motion, and the docket entry included a revised response deadline of November 12, 2013.

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The Court did not timely correct this error, and Plaintiffs’ counsel apparently relied on that

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date for calendaring purposes. Judicial Defendants have not opposed Plaintiffs’ late filing.

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The Court therefore grants Plaintiffs leave to amend under Federal Rule of Civil Procedure

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15(a)(2).

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Accordingly, Judicial Defendants’ pending motion to dismiss is VACATED as

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moot. Defendants shall respond to the amended complaint within the time allowed by

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Federal Rule of Civil Procedure 15(a)(3).

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For the Northern District of California

United States District Court

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J

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RT

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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

NO

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_________________________________

FO

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Dated: 11/18/13

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IT IS SO ORDERED.

UNIT
ED

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