Torres v. Saba et al
Filing
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ORDER 24 . (Illston, Susan) (Filed on 1/11/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARIO TORRES,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 16-cv-06607-SI
ORDER
v.
Re: Dkt. No. 24
NATALIE SABA, et al.,
Defendants.
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Plaintiff filed a request for an extension of time to file a reply to defendants’ answer to the
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third amended complaint. A reply to an answer only is allowed if the court orders one. See Fed.
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R. Civ. P. 7(a). The court did not order plaintiff to file a reply to the answer, and a reply is not
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necessary in this case. Accordingly, plaintiff’s request for an extension of the deadline to file a
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reply to the answer is DENIED. (Docket No. 24.)
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In his request, plaintiff also asked for clarification about two matters. First, he was
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confused about the case number for this case, because the court had written it as 16-cv-6607 SI
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and defendants had written the case number as C16-6607 SI. Both numbers refer to the same case,
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but it is preferable that the parties use 16-cv-6607 SI because that is the way the case numbers now
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are generated on the court’s electronic docketing system. Second, plaintiff was confused about the
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severance of some claims. The purpose of a severance is to address the problem created by
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plaintiff’s inclusion of unrelated claims in a single action; a severance will allow some claims to
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be addressed in one action and other claims to be addressed in a separate action. The claims
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against the Concord Police Department and its members arising out of events and omissions on
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July 4, 2012 (i.e., the claims alleged at pages 9-14 and the requests for relief alleged at pages
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43:11 to page 45 of the third amended complaint) will be addressed in Case No. 16-cv-6607 SI.
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All the other claims and defendants will be addressed in a separate action, i.e., Case No. 17-cv-
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6587 SI. The court will conduct an initial review of the pleading (which is a copy of the third
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amended complaint) in Case No. 17-cv-6587 SI in due course. Plaintiff should be very careful to
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put the number for the correct case on all future filings; it will almost never be correct to put both
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case numbers on a single filing.
Finally, plaintiff attached to his request a copy of defendants’ answer as well as the court’s
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order of service and partial severance. It is unnecessary to submit with a new filing a copy of a
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document that already exists in the court’s file -- the court can simply look at the copy already in
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the file. If plaintiff wants to refer to a document that already is in the court’s file, he should
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identify the document by its full title and date of filing, or by its docket number if he has that
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United States District Court
Northern District of California
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information.
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IT IS SO ORDERED.
Dated: January 11, 2018
______________________________________
SUSAN ILLSTON
United States District Judge
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