Mazzaferro v. Parisi et al

Filing 47

ORDER STRIKING AMENDED COMPLAINT AND QUASHING SERVICE. Signed by Judge Alsup on 2/28/17. (whalc1, COURT STAFF) (Filed on 2/28/2017) (Additional attachment(s) added on 2/28/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RONALD MAZZAFERRO,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 16-05641 WHA

v.

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WILLIAM PARISI, et al.,

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Defendants.
/

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ORDER STRIKING
AMENDED COMPLAINT
AND QUASHING SERVICE

On January 25, 2017, Officers Crum and Johnson moved to dismiss (Dkt. No. 28).

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Pursuant to Rule 15(a)(1)(B), plaintiff had until February 15 to amend his complaint as a matter

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of course. Plaintiff filed his first amended complaint on February 21 (Dkt. No. 38). He did not

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seek leave to amend. The amended complaint is therefore STRICKEN as untimely and without

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leave. Any service of the summonses for the defendants added in that amended complaint is

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QUASHED. This is without prejudice to a proper motion seeking leave to amend.

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The proposed amendments did not affect the arguments in the pending motion to

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dismiss, and the hearing on that motion (and the motion to set aside default) remains on

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calendar as scheduled.

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IT IS SO ORDERED.

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Dated: February 28, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

For the Northern District of California

United States District Court

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