Glassey et al v. The United Kingdom et.al.

Filing 99

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

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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TODD S. GLASSEY and MICHAEL E.
MCNEIL,

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Plaintiffs,

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No. C 16-05606 WHA

v.

CASE MANAGEMENT ORDER

THE UNITED KINGDOM, et al.,
Defendants.
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In order to impose order on the succession of complaints in the above-captioned matter,

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this case management order prohibits the filing of any further amended complaints without the

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express permission of the undersigned judge. This prohibition arises out of the brief but

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turbulent procedural history of the case thus far.

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Plaintiffs, formerly proceeding pro se, filed the initial complaint on October 3, 2016.

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On October 17, 2016, Judge Beth Freeman concluded the complaint failed to state a claim for

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relief and was frivolous, and dismissed it with leave to amend (Dkt. No. 15). On November 16,

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2016, plaintiffs filed the first amended complaint (Dkt. No. 37). The case was then reassigned

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to Judge Edward Davila. On December 22, 2016, the Apple defendants moved to dismiss the

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first amended complaint (Dkt. No. 69). The case was then related to a previous lawsuit by

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plaintiffs and reassigned to the undersigned judge. The Apple defendants’ motion was fully

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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).

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The Apple defendants have indicated they will bring a renewed motion to dismiss the

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second amended complaint (Dkt. No. 86 at 1). This order therefore DENIES AS MOOT the

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currently pending motion to dismiss (Dkt. No. 69). The Court also notes that plaintiffs have

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recently retained counsel (Dkt. Nos. 95, 96). If plaintiffs’ counsel wishes to file a third

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amended complaint, he must do so by FEBRUARY 7 AT NOON. If plaintiffs timely file a third

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amended complaint, then the Apple defendants shall please file any motion to dismiss the same

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by FEBRUARY 21 AT NOON.

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The Apple defendants are entitled to a hearing and decision on their motion to dismiss

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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.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: January 24, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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