Moralez v. Whole Foods Market, Inc.

Filing 24

ORDER TO SHOW CAUSE, Response due by 7/18/2015. Signed by Judge Samuel Conti on July 8, 2015. (sclc2, COURT STAFF) (Filed on 7/8/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,
Plaintiff,

United States District Court

For the Northern District of California

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v.

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WHOLE FOODS MARKET CALIFORNIA,
INC.,

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Defendant.

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This Order Relates To:

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SECOND AMENDED COMPLAINT FOR
DAMAGES

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) Case No. 3:14-cv-5022 SC
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) ORDER TO SHOW CAUSE OR
) STIPULATE TO FILING
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The Court is in receipt of a Second Amended Complaint for

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Damages, electronically filed by Plaintiff on June 26, 2015.

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No. 23.

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No. 11.

ECF

The first amended complaint was filed March 30, 2015.

ECF

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Federal Rule of Civil Procedure 15(a)(1) states that parties

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may amend once as a matter of course within 21 days after service

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or 21 days after receipt of a required responsive pleading.

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However, other amendments require written consent of the opposing

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///

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party or leave of the Court to file, which the Court will "freely

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give" when justice so requires.

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Fed. R. Civ. P. 15(a)(2).

Here, the Court did not grant leave to file, and the amended

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complaint is not within 21 days of original service or receipt of a

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required responsive pleading.

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Plaintiff to show cause why justice so requires a Second Amended

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Complaint be permitted.

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Accordingly, the Court ORDERS

The Court is cognizant of the numerous stipulations extending
time for Defendant to file a responsive pleading.

In the belief

United States District Court

For the Northern District of California

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that the filing of a Second Amended Complaint may be directly

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related to these extensions, the Court will accept, in lieu of a

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showing of cause, a stipulation by the parties granting retroactive

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leave for Plaintiff to file a Second Amended Complaint.

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A showing of cause or stipulation is required within 10 days

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of this order, or the Court will strike the Second Amended

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Complaint as improperly filed.

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IT IS SO ORDERED.

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Dated: July 8, 2015
UNITED STATES DISTRICT JUDGE

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