Whitsitt v. West Valley Staffing Group et al

Filing 20

ORDER STRIKING PLAINTIFF'S AMENDED COMPLAINT; DIRECTING PLAINTIFF TO REFILE AMENDED COMPLAINT IN COMPLIANCE WITH CIVIL LOCAL RULES. In the interests of justice, the Court will afford plaintiff, should he wish to proceed with the instant a ction, one further opportunity to file an amended complaint with the Civil Local Rules, and to do so no later than May 22, 2017. Signed by Judge Maxine M. Chesney on 05/08/17. (mmclc2, COURT STAFF) (Filed on 5/8/2017) (Additional attachment(s) added on 5/8/2017: # 1 Certificate/Proof of Service) (tlS, 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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WILLIAM J. WHITSITT,
Plaintiff,

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v.
WEST VALLEY STAFFING GROUP, et
al.,

United States District Court
Northern District of California

Defendants.

Case No. 16-cv-07234-MMC
ORDER STRIKING PLAINTIFF’S
AMENDED COMPLAINT; DIRECTING
PLAINTIFF TO REFILE AMENDED
COMPLAINT IN COMPLIANCE WITH
CIVIL LOCAL RULES
Re: Dkt. No. 17

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By order filed February 8, 2017, the Court directed plaintiff William J. Whitsitt to file

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a corrected version of his eight-page complaint, for purposes of curing three separate

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procedural deficiencies: (1) a missing seventh page; (2) improper formatting, such that

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the text appears on substantially more than 28 lines per page; and (3) improper font size,

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which appears to be considerably smaller than 12-point type. (See Order filed Feb. 8,

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2017, at 2:11-22 (citing Civil L.R. 3-4(c)(2) (providing text of any paper presented for filing

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“must be double-spaced with no more than 28 lines per page, except for . . . footnotes

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and [block] quotations”; further providing text of any paper presented for filing, including

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“text of footnotes and quotations,” may not be less than “12-point in the Courier font or

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equivalent”)).)

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On April 26, 2017, plaintiff filed a thirteen-page “1st Amended Complaint,” in which

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no pages appear to be missing, but in which the two other deficiencies identified above

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have not been rectified. Consequently, plaintiff has, again, failed to comply with the Civil

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Local Rules of this District.

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Accordingly, the amended complaint is hereby STRICKEN. In the interests of
justice, the Court will afford plaintiff, should he wish to proceed with the instant action,

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one further opportunity to file an amended complaint that complies with the Civil Local

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Rules, and to do so no later than May 22, 2017. If, by May 22, 2017, plaintiff has not filed

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such amended complaint, the Court will dismiss the action.

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IT IS SO ORDERED.

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Dated: May 8, 2017
MAXINE M. CHESNEY
United States District Judge

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United States District Court
Northern District of California

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