ABID v. GOOGLE LLC

Filing 81

ORDER by Judge Maria-Elena James striking 79 Motion for Judgment as a Matter of Law. (cdnS, COURT STAFF) (Filed on 7/16/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHAJAR ABID,

Case No. 18-cv-00981-MEJ

Plaintiff,
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ORDER RE: MOTION FOR
JUDGMENT AS A MATTER OF LAW

v.
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GOOGLE LLC,

Re: Dkt. No. 79

Defendant.
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Plaintiff has filed a pleading styled “Motion for Judgment as Matter of Law, Motion under

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Rule 42, and Motion for Judicial Review.” ECF No. 79. The Court assumes Plaintiff’s motion is

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United States District Court
Northern District of California

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a summary judgment motion. Such motion is premature, given that Defendant has not yet filed an

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Answer, and there is a pending Motion to Dismiss Plaintiff’s Second Amended Complaint. ECF

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No. 76. Moreover, Plaintiff appears to be seeking summary judgment against entities that are not

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before the Court, including the Food and Drug Administration (“FDA”), and he asserts claims and

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seeks relief on issues that are not the subject of Plaintiff’s Second Amended Complaint, including

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an alleged violation of Plaintiff’s First Amendment rights and the constitutionality of 21 U.S.C

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§321(g)(1)(B). Plaintiff’s “Motion under Rule 42” is likewise misplaced. Plaintiff apparently

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seeks to sever claims against the FDA and to have them transferred to the Court of Federal

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Claims. However, there are no claims against the FDA asserted in the Second Amended

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Complaint. It is unclear what Plaintiff is seeking with respect to his “Motion for Judicial

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Review.” This motion is likely directed towards Plaintiff’s claim that certain statutory provisions

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are unconstitutional. These issues fall outside the scope of the Second Amended Complaint and

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are not properly before the Court. Accordingly, the Court STRIKES Plaintiff’s “Motion for

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Judgment as Matter of Law, Motion under Rule 42, and Motion for Judicial Review,” ECF No. 79.

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IT IS SO ORDERED.
Dated: July 16, 2018
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MARIA-ELENA JAMES
United States Magistrate Judge