Ashker et al v. Schwarzenegger et al

Filing 26

ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 22 MOTION TO CORRECT OMISSION IN FIRST AMENDED COMPLAINT. (ndr, COURT STAFF) (Filed on 3/28/2011)

Ashker et al v. Brown et al

Doc. 26

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 TODD ASHKER and DANNY TROXELL 12 Plaintiffs, 13 v. 14 15 16 17 18 Plaintiffs Todd Ashker and Danny Troxell move to correct and 19 clarify an omission in their First Amended Complaint (1AC) and 20 submit four pages of text that they wish to incorporate into their 21 tenth cause of action. 22 appears to be argument in support of their claim rather than 23 factual allegations to support a cause of action. 24 wish to incorporate this text into their complaint, they must file 25 a motion for leave to file a Second Amended Complaint, and lodge a 26 copy of their proposed Second Amended Complaint, containing 27 everything they wish to include and superseding their prior 28 If Plaintiffs This motion is denied. The new text EDMUND G. BROWN, JR., Governor, et al., Defendants. / ORDER DENYING PLAINTIFFS' MOTION TO CORRECT OMISSION IN FIRST AMENDED COMPLAINT (Docket No. 22) No. 09-05796 CW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

complaints. For the foregoing reasons, Plaintiffs' motion to correct omission is denied.

IT IS SO ORDERED.

Dated: 3/28/2011 CLAUDIA WILKEN United States District Judge

2

1 2 3 TODD ASHKER et al, 4 Plaintiff, 5 v. 6

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-05796 CW CERTIFICATE OF SERVICE ARNOLD SCHWARZENEGGER et al,

7 Defendant. 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Danny Troxell Pelican Bay State Prison B76578 P.O. Box 7500 D1-120 Crescent City, CA 95532 Todd Ashker C58191 Pelican Bay State Prison P.O. Box 7500 D1-SHU Crescent City, CA 95532 Dated: March 28, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on March 28, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.