Phillips v. Securitas Security Services USA Inc. et al

Filing 34

ORDER FOLLOWING OCTOBER 4 HEARING by Judge William Alsup [finding as moot 29 Motion to Strike]. Amended Pleadings due by NOON on 10/31/2018.(whasec, COURT STAFF) (Filed on 10/9/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ME NINA E. PHILLIPS,

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For the Northern District of California

United States District Court

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Plaintiffs,

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No. C 17-06693 WHA

v.

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SECURITAS SECURITY SERVICES
USA INC., and TESLA MOTORS INC.,

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Defendants.

ORDER FOLLOWING
OCTOBER 4 HEARING
/

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At the hearing on October 4, almost an hour was spent going over the problems in the

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way plaintiff tried to amend and serve her complaint. At the end of the hearing, the judge

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allowed plaintiff another try and gave specific guidance, which will not be repeated here.

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Defendants’ motions to strike, dismiss, and provide a more definite statement are DENIED

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AS MOOT.

As a reminder, plaintiff must revise and properly file the single second amended

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complaint and summons by OCTOBER 31 AT NOON. A copy of the issued summons

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(i.e., signed and sealed copies from the Clerk’s office) and second amended complaint must be

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served together on defendants. Detailed information can be found in the Pro Se Handbook,

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which can be obtained in print at the Clerk’s office or at www.cand.uscourts.gov/prosehandbook.

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Plaintiff is also reminded that the single second amended complaint must comply with
Rules 8 and 10 of the Federal Rules of Civil Procedure. In part, Rule 8 requires that each

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allegation in the complaint be written as “a short and plain statement of the claim showing that

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the pleader is entitled to relief,” and “[e]ach allegation must be simple, concise, and direct.”

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To promote clarity, Rule 10 requires a party to “state its claims or defenses in numbered

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paragraphs, each limited as far as practicable to a single set of circumstances.” The above is an

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explanatory reminder only, not exhaustive guidance. Plaintiff must refer to the Federal Rules of

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Civil Procedure for the rules in their entirety.

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IT IS SO ORDERED.

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Dated: October 9, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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