Daria v. Sapient, Inc. et al

Filing 20

ORDER DENYING MOTION FOR RECONSIDERATION AND GRANTING LEAVE TO AMEND by Judge William Alsup re 17 MOTION for Reconsideration MOTION for Declaratory Judgment filed by Haley Daria.(whalc1, COURT STAFF) (Filed on 12/1/2017) The deputy clerk hereby certifies that on 12/1/2017 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. Modified on 12/1/2017 (afmS, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 HALEY DARIA, No. C 17-05453 WHA 11 For the Northern District of California United States District Court 10 12 13 14 Plaintiff, ORDER DENYING MOTION FOR RECONSIDERATION AND GRANTING LEAVE TO AMEND v. SAPIENT INC, et al. Defendants. / 15 16 Pro se plaintiff Haley Daria now moves for reconsideration of a November 6 order 17 denying her motion for appointment of counsel, and dismissing her complaint for failure to state 18 a claim sua sponte, and seeks leave to amend her complaint. 19 Leave for reconsideration is appropriate in the event that there is a material difference in 20 fact or law, or a manifest failure to consider material facts or dispositive legal arguments. Civ. 21 L. Rule 7–9. Here, no such new facts or law have emerged, and the prior order was not in error. 22 No exceptional circumstances warrant the appointment of counsel in this action for the reasons 23 stated therein (Dkt. No. 16). Daria’s motion for reconsideration of her motion for appointment 24 of counsel is DENIED. 25 Daria further moves for leave to file an amended complaint. The prior order dismissing 26 her complaint sua sponte observed that she had previously filed a highly similar complaint 27 before Magistrate Judge Donna Ryu, and in this action, as there, it was impossible to determine 28 a clear basis for her claims. Accordingly, the undersigned judge dismissed her complaint under FRCP 12(b)(6) for failure to state a claim. 1 In connection with her motion for leave to amend, Daria has now filed a proposed 2 amended complaint, which is twenty-seven pages long and provides factual statements in 3 enumerated paragraphs followed by a statement of three causes of action. Daria has paid her 4 $400 filing fee to have her claims heard. Without expressing any opinion as to the merits of 5 Daria’s claims, her motion for leave to amend is HEREBY GRANTED. Daria shall file the 6 amended complaint attached to her motion as a separate docket entry, and shall timely serve 7 that complaint on all defendants. 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 13 Dated: December 1, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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