Pierce v. County of Marin et al

Filing 38

ORDER DENYING PENDING MOTIONS TO DISMISS AS MOOT 37 29 . (Illston, Susan) (Filed on 10/18/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JILLIAN L. PIERCE,
Plaintiff,

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Case No. 17-cv-03409-SI
ORDER DENYING PENDING
MOTIONS TO DISMISS AS MOOT

v.
COUNTY OF MARIN, et al.,

Re: Dkt. Nos. 29, 37

Defendants.

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United States District Court
Northern District of California

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On June 13, 2017, plaintiff filed this lawsuit in pro per against the State of California, the

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County of Marin, Marin County Sheriff Robert T. Doyle, and the City of Ukiah The complaint

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alleges that plaintiff has been arrested and detained on three occasions because her name and

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identity were “wrongfully and incorrectly associated” with an individual with the same name who

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had an outstanding drug-related warrant. Compl. ¶ 1 (Dkt. No. 1). On August 21, 2017, counsel

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filed a notice of appearance on behalf of plaintiff. Dkt. No. 19.

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In an order filed September 11, 2017, the Court granted the State of California’s

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unopposed motion to dismiss the complaint, and granted plaintiff leave to amend. The current

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deadline for filing an amended complaint is October 27, 2017. On September 18, 2017, the Marin

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County defendants filed a motion to dismiss the original complaint, and on October 6, 2017, the

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City of Ukiah filed a motion to dismiss the original complaint.

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The Court finds that the filing of an amended complaint will moot the pending motions to

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dismiss, and that it is in the interest of judicial efficiency to DENY the pending motions to dismiss

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without prejudice to refiling as appropriate after the filing of the amended complaint.

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IT IS SO ORDERED.
Dated: October 18, 2017

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SUSAN ILLSTON
United States District Judge