Finley v. Reardon et al

Filing 53

ORDER re 52 Certificate of Service filed by Latonya R. Finley. Signed by Judge Charles R. Breyer on 6/2/2014. (crblc2, COURT STAFF) (Filed on 6/2/2014)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7
8
9
United States District Court
For the Northern District of California

10
11

ORDER

Plaintiff,
v.
JUDGE THOMAS REARDON,
Defendant.

12
13

No. C 14-00908 CRB

LATONYA R. FINLEY,

/

On April 29, 2014 Defendants filed motions to dismiss. Dkts. 23, 24, 27. On June 2,

14

2014 Plaintiff filed an Amended Complaint. Dkt. 52. Federal Rule of Civil Procedure

15

15(a)(1)(b) requires that any amendment to pleadings occur within 21 days after service of a

16

responsive pleading or a Rule 12 motion, whichever is earlier. Here, more than 21 days

17

elapsed from the date of service on the Rule 12 motions until Plaintiff filed the Amended

18

Complaint. Therefore, for purposes of the pending motions, the Court will not consider the

19

Amended Complaint and the original Complaint (“Petition for Writ of Certiorari”) (dkt. 1) is

20

the operative complaint. Briefing on the pending motions has been completed and the Court

21

will hear oral argument, as scheduled, at 10:00 AM on July 11, 2014.

22

IT IS SO ORDERED.

23
24
25
26
27
28

Dated: June 2, 2014

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE