V. et al v. Wagner et al

Filing 427

ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT, Docket Number 323.. Signed by Judge Claudia Wilken on 12/6/2011. (cwlc3, COURT STAFF) (Filed on 12/6/2011)

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO/OAKLAND DIVISION

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DAVID OSTER, et al.,

Case No. CV 09-04668 CW

Plaintiffs,
v.
WILL LIGHTBOURNE, Director of the California
Department of Social Services; TOBY DOUGLAS,
Director of the California Department of Health Care
Services; CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES; and CALIFORNIA DEPARTMENT
OF SOCIAL SERVICES,

[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION FOR
LEAVE TO FILE THIRD
AMENDED COMPLAINT

Defendants.

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[Proposed] Order Granting Plaintiffs’ Motion for Leave to File TAC, Case No. CV 09-04668 CW

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Plaintiffs’ Motion for Leave to File Third Amended Complaint, Docket Number 323, is

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GRANTED. The Court finds that the amendment is proper under Rule 15(a). Fed. R. Civ. P.

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15(a). The proposed amendments are neither futile nor made in bad faith. The filing of the

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Third Amended Complaint will not result in delay or prejudice to Defendants. Accordingly, it is

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ordered that Plaintiffs may efile the Third Amended Complaint forthwith. Due to administrative

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error this order was not efiled as intended on December 1, 2011. The Third Amended Complaint

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is deemed filed as of that date. However, five calendar days are added to Defendants' time to

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respond.

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IT IS SO ORDERED:

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DATED: 12/6/2011

______________________________________
The Honorable Claudia Wilken
United States District Judge

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[Proposed] Order Granting Plaintiffs’ Motion for Leave to File TAC; Case No. CV 09-04668 CW