Wyrzykowski v. County of Marin et al

Filing 76

ORDER (1) EXTENDING THE DEADLINE FOR THE PLAINTIFF TO FILE A THIRD AMENDED COMPLAINT AND (2) CONTINUING THE CASE MANAGEMENT CONFERENCE. Third Amended Complaint due by 9/16/2015. Case Management Statement due by 12/3/2015. Initial Case Management Conference set for 12/10/2015 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Judge Laurel Beeler on 9/1/2015. (lblc2S, COURT STAFF) (Filed on 9/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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TADEUSZ WYRZYKOWSKI,

Case No. 3:14-cv-03825-LB

Plaintiff,
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v.
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COUNTY OF MARIN, et al.,
Defendants.

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ORDER (1) EXTENDING THE
DEADLINE FOR THE PLAINTIFF TO
FILE A THIRD AMENDED
COMPLAINT AND (2) CONTINUING
THE CASE MANAGEMENT
CONFERENCE

On June 9, 2015, the court granted the defendants’ motion to dismiss Mr. Wyrzykowski’s

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Second Amended Complaint. (6/9/2015 Order, ECF No. 66.) The court dismissed without

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prejudice his first, second, third, fourth, and fifth claims and dismissed with prejudice his sixth,

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seventh, eighth, ninth, tenth, and eleventh claims. (Id. at 12-23.) The court also gave him leave to

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amend his first, second, third, fourth, and fifth claims in a third amended complaint filed by

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August 7, 2015. (Id. at 23.)

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On July 16, 2015, the court denied Mr. Wyrzykowski’s motion for reconsideration and

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reiterated that Mr. Wyrzykowski may file a third amended complaint by August 7, 2015 to amend

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his first, second, third, fourth, and fifth claims but that he may not name new defendants in it.

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(7/16/2015 Order, ECF No. 70.)

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To date, Mr. Wyrzykowski has not filed a third amended complaint. Because Mr.
Wyrzykowski is proceeding pre se, and in light of his motion for sanctions filed on August 6, 2015
ORDER (No. 3:14-cv-03825-LB)

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(which the court denied today, September 1, 2015), the court extends the deadline for Mr.

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Wyrzykowski to file a third amended complaint to September 16, 2015. If Mr. Wyrzykowski fails

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to file a third amended complaint by that date, the court may dismiss his action for failure to

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prosecute. See Fed. R. Civ. P. 41(b).

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In light of this extension of time, the court also continues the case management conference

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from September 17, 2015 to December 10, 2015 at 11:00 a.m. in Courtroom C, 15th Floor, United

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States District Court, 450 Golden Gate Avenue, San Francisco, California 94102. The parties must

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file case management conference statements by December 3, 2015.

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IT IS SO ORDERED.
Dated: September 1, 2015
______________________________________
LAUREL BEELER
United States Magistrate Judge

United States District Court
Northern District of California

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ORDER (No. 3:14-cv-03825-LB)