Smith v. Constellation Brands, Inc.

Filing 25

ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT. Signed by Judge Alsup on 11/8/16. (whalc1, COURT STAFF) (Filed on 11/9/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JULIA SMITH,

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For the Northern District of California

United States District Court

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No. C 16-04101 WHA

Plaintiff,
v.

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CONSTELLATION BRANDS, INC., and
DOES 1 through 50, inclusive,

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Defendant.

ORDER GRANTING LEAVE
TO FILE FIRST AMENDED
COMPLAINT
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Plaintiff seeks leave to file a first amended complaint after her initial complaint was

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dismissed (Dkt. No. 20). Defendant stated it does not oppose this motion, though it reserved its

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right to challenge the sufficiency of the complaint under Rule 12 (among other challenges to the

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merits of the case) (Dkt. No. 23). Although the Court had intended for defendant to respond to

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plaintiff’s motion seeking leave to file the proposed amended complaint by raising any issues

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that might otherwise be raised in a Rule 12 motion (i.e., contending the proposed amendment

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would be futile), this order GRANTS plaintiff’s motion and will allow defendant to bring a Rule

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12 motion. Plaintiff shall promptly file her first amended complaint, and defendant shall answer

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or otherwise respond no later than FOURTEEN DAYS after the complaint is filed. No extensions

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of that deadline will be granted, inasmuch as defendant has been on notice of the contents of the

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first amended complaint for several weeks.

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IT IS SO ORDERED.
Dated: November 8, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE