Klamut v. King City

Filing 9

ORDER GRANTING PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT. Amended Pleadings due by 9/2/2015. Case Management Statement due by 10/29/2015. Case Management Conference set for 11/5/2015 10:00 AM. Signed by Judge Maria-Elena James on 8/19/2015. (cdnS, COURT STAFF) (Filed on 8/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM KLAMUT,

Case No. 15-cv-02132-MEJ

Plaintiff,
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ORDER SETTING (1) DEADLINE TO
FILE AMENDED COMPLAINT, (2)
SERVICE DEADLINE, AND (3) CASE
MANAGEMENT CONFERENCE

v.
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KING CITY,
Defendant.

United States District Court
Northern District of California

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On August 10, 2015, the Court ordered Plaintiff William Klamutt to file a status report, as

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there was no indication the named defendants had been served. Dkt. No. 7. In his response,

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Plaintiff states he has learned King City and its police officers were not involved in the conduct

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alleged in his Complaint, and he will therefore dismiss them as defendants. Dkt. No. 8. Plaintiff

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also states he discovered that California Highway Patrol officers and Monterey County Sheriff’s

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Deputies “engaged in the conduct or failed to prevent the conduct engaged in from other officers

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that led to the Plaintiff’s injuries,” and he intends to file a motion for leave to amend the complaint

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to substitute the DOE defendants in this action for the named California Highway Patrol officers

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to be sued in their individual capacity, and Monterey County Sheriff deputies to be sued in their

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official and individual capacity. Id. Having considered Plaintiff’s reasoning, the Court finds good

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cause exists to grant leave for Plaintiff to file an amended complaint. See Fed. R. Civ. P. 15(a)(2).

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Accordingly, the Court ORDERS Plaintiff to: (1) file his amended complaint by September 2,

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2015; (2) file a dismissal of the current defendants by September 2, 2015; and (3) serve all new

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defendants by September 16, 2015.

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Pursuant to Federal Rule of Civil Procedure 16(b) and Civil Local Rule 16-10, a Case
Management Conference will be held on November 5, 2015 at 10:00 a.m. in Courtroom B, 15th

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Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. This conference shall be attended by

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lead trial counsel for parties who are represented. Parties who are proceeding without counsel

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must appear personally. The parties shall file a Joint Case Management Statement by October 29,

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2015, which shall contain the information in the Standing Order for All Judges in the Northern

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District of California, available at: http://cand.uscourts.gov/mejorders. The Joint Case

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Management Statement form may be obtained at: http://cand.uscourts.gov/civilforms.
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: August 19, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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