Smith v. Constellation Brands, Inc.

Filing 14

ORDER STRIKING AMENDED COMPLAINT AND EXTENDING DEADLINE TO FILE MOTION FOR LEAVE TO AMEND. Signed by Judge Alsup on 9/19/16. (whalc1, COURT STAFF) (Filed on 9/19/2016) (Additional attachment(s) added on 9/19/2016: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JULIA SMITH, 11 For the Northern District of California United States District Court 10 12 13 No. C 16-04101 WHA Plaintiff, v. 14 CONSTELLATION BRANDS, INC., and DOES 1 through 50, inclusive, 15 Defendant. ORDER STRIKING AMENDED COMPLAINT AND EXTENDING DEADLINE TO FILE MOTION FOR LEAVE TO AMEND / 16 17 The order dismissing plaintiff’s complaint provided that by September 16 she could seek 18 leave to file an amended complaint with a formal motion explaining how the proposed amended 19 complaint cured the defects in the original complaint. On September 16, plaintiff herself, not 20 her counsel of record, filed an amended complaint. Appended to the amended complaint was a 21 hand-written cover letter in which plaintiff acknowledged that her complaint “does not 22 completely speak to” the defects identified in the order, but that she had terminated her 23 relationship with her attorney, Daniel Bacon. She further averred that Attorney Bacon did not 24 “supply all information in order to continue this case” until the morning of September 16. Attorney Bacon has not sought leave to withdraw from this action and has not sought to 25 26 substitute counsel. This order construes plaintiff’s letter as a motion to extend the deadline to file a motion 27 28 seeking leave to amend her complaint. Plaintiff shall have until THURSDAY, OCTOBER 20 AT NOON to file a formal motion seeking leave to amend her complaint. As stated, the motion must 1 affirmatively demonstrate how the proposed amended complaint cures the defects identified in 2 the order dismissing the action (and any others identified in defendant’s motion). The motion 3 must include a proposed amended complaint and a redlined copy identifying the changes from 4 the initial complaint. 5 To be clear, leave to amend has not yet been granted. Accordingly, plaintiff’s 6 unauthorized amended complaint is hereby STRICKEN. This is without prejudice to a formal 7 motion seeking leave to file that proposed amended complaint. 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 Dated: September 19, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?