Glassey et al v. The United Kingdom

Filing 99

CASE MANAGEMENT ORDER. (whalc2, COURT STAFF) (Filed on 1/24/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 TODD S. GLASSEY and MICHAEL E. MCNEIL, 12 Plaintiffs, 13 14 15 No. C 16-05606 WHA v. CASE MANAGEMENT ORDER THE UNITED KINGDOM, et al., Defendants. / 16 17 In order to impose order on the succession of complaints in the above-captioned matter, 18 this case management order prohibits the filing of any further amended complaints without the 19 express permission of the undersigned judge. This prohibition arises out of the brief but 20 turbulent procedural history of the case thus far. 21 Plaintiffs, formerly proceeding pro se, filed the initial complaint on October 3, 2016. 22 On October 17, 2016, Judge Beth Freeman concluded the complaint failed to state a claim for 23 relief and was frivolous, and dismissed it with leave to amend (Dkt. No. 15). On November 16, 24 2016, plaintiffs filed the first amended complaint (Dkt. No. 37). The case was then reassigned 25 to Judge Edward Davila. On December 22, 2016, the Apple defendants moved to dismiss the 26 first amended complaint (Dkt. No. 69). The case was then related to a previous lawsuit by 27 plaintiffs and reassigned to the undersigned judge. The Apple defendants’ motion was fully 28 briefed on January 11 (Dkt. No. 79). The next day, plaintiffs filed a second amended complaint, having neither sought nor received leave to do so (Dkt. No. 81). 1 The Apple defendants have indicated they will bring a renewed motion to dismiss the 2 second amended complaint (Dkt. No. 86 at 1). This order therefore DENIES AS MOOT the 3 currently pending motion to dismiss (Dkt. No. 69). The Court also notes that plaintiffs have 4 recently retained counsel (Dkt. Nos. 95, 96). If plaintiffs’ counsel wishes to file a third 5 amended complaint, he must do so by FEBRUARY 7 AT NOON. If plaintiffs timely file a third 6 amended complaint, then the Apple defendants shall please file any motion to dismiss the same 7 by FEBRUARY 21 AT NOON. 8 The Apple defendants are entitled to a hearing and decision on their motion to dismiss 9 this action. No further leave will be granted for plaintiffs to amend their pleadings until after the Court rules on the Apple defendants’ motion, if ever. 11 For the Northern District of California United States District Court 10 12 IT IS SO ORDERED. 13 14 Dated: January 24, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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