Calvin v. Hallcon

Filing 22

ORDER VACATING DISMISSAL AND DEEMING AMENDED COMPLAINT TIMELY FILED (rslc1, COURT STAFF) (Filed on 3/10/2025)Copy of order mailed to Plaintiff. Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 3/10/2025 (cl, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVETTE RENEE CALVIN,

Case No. 24-cv-08728-RS

Plaintiff,
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United States District Court
Northern District of California

v.
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HALLCON CORPORATION,

ORDER VACATING DISMISSAL AND
DEEMING AMENDED COMPLAINT
TIMELY FILED

Defendant.
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Defendant’s motion to dismiss the complaint in this action was granted on January 21,

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2025, and plaintiff was given a deadline of February 28, 2025, by which to file any amended

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complaint. As of March 6, 2025, no further filing by plaintiff appeared in the docket, with the

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result that an order entered dismissing this action.

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As it turns out, a document entitled “Motion to Amend” was received from plaintiff by the

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February 28th deadline, but not entered into the docket until March 7, 2025. Moreover, although

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labeled as a motion, the document effectively serves as the amended complaint plaintiff was

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previously given leave to file. Accordingly, the prior dismissal is vacated. Docket No. 21 is

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deemed to be the operative amended complaint in this action. Defendant’s time to respond to the

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amended complaint shall run from the date of this order.

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IT IS SO ORDERED.

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Dated: March 10, 2025
______________________________________
RICHARD SEEBORG
Chief United States District Judge

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United States District Court
Northern District of California

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CASE NO. 24-cv-08728-RS

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