Kaplan v. Seterus, Inc.

Filing 21

ORDER by Judge Joseph C. Spero granting 9 Motion for More Definite Statement; denying as moot 11 Motion to Strike. Plaintiff shall file an amended complaint no later than July 26, 2016. The hearing previously set for July 29, 2016 is vacated. (jcslc2S, COURT STAFF) (Filed on 7/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LESLEY KAPLAN,

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Case No. 16-cv-02940-JCS

Plaintiff,
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v.
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SETERUS, INC.,

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Defendant.

Re: Dkt. Nos. 9, 11

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United States District Court
Northern District of California

ORDER GRANTING MOTION FOR
MORE DEFINITE STATEMENT AND
DENYING AS MOOT MOTION TO
STRIKE

Plaintiff Lesley Kaplan originally filed this action pro se in the small claims division of the

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California Superior Court for Contra Costa County. Defendant Seterus, Inc. removed to this

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Court, moved for a more definite statement, see dkt. 9, and also moved to strike portions of

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Kaplan’s complaint pursuant to California’s anti-SLAPP statute and sought attorneys’ fees for

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bringing that motion, see dkt. 11. Kaplan, now represented by counsel, has filed a statement of

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non-opposition to the motion for a more definite statement, stating that she will file a motion to

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amend her complaint “as promptly as possible.” See dkt. 18. Good cause showing, Seterus’s

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motion for a more definite statement is GRANTED.1 Kaplan shall file an amended complaint no

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later than July 26, 2016.
Kaplan has also filed a substantive opposition to Seterus’s anti-SLAPP motion, including a

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cross-request for attorneys’ fees. See dkt. 14. The impending amendment of Kaplan’s complaint

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moots the primary request for relief of Seterus’s motion, i.e., the request to strike portions of the

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original complaint. The motion to strike is therefore DENIED without prejudice to any motion

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that may be appropriate in response to Kaplan’s forthcoming amended complaint. The Court

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declines to award attorneys’ fees to either party at this time.

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The parties have consented to the jurisdiction of the undersigned magistrate judge for all
purposes pursuant to 28 U.S.C. § 636(c).

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The hearing set for July 29, 2016 on both motions addressed by this Order is hereby

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VACATED. Going forward, both parties are encouraged to maintain open communication to

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avoid unnecessary motions practice.

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IT IS SO ORDERED.
Dated: July 5, 2016
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JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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