Williams v. County of Alameda, The et al

Filing 43

ORDER by Judge ARMSTRONG granting 40 Motion for Leave to File; denying 18 Motion to Dismiss (lrc, COURT STAFF) (Filed on 5/29/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 8 CURTIS D. WILLIAMS, an individual, Plaintiff, 9 10 11 vs. Case No: C 12-02511 SBA ORDER Docket 18, 40 COUNTY OF ALAMEDA, et al., Defendants. 12 13 On May 8, 2013, Plaintiff filed a motion for leave to file a second amended 14 complaint. Dkt. 40. Under Civil Local Rule 7-3, any opposition to the motion was due by 15 no later than fourteen days after the motion was filed, i.e., May 22, 2013. This Court's 16 Standing Orders specifically warn that "[t]he failure of the opposing party to file a 17 memorandum of points and authorities in opposition to any motion shall constitute a 18 consent to the granting of the motion." Civil Standing Orders at 4, Dkt. 2. 19 Notwithstanding the requirements of Civil Local Rule 7-3 and this Court's Standing Orders, 20 no Defendant has filed an opposition to Plaintiff's motion for leave to file a second 21 amended complaint. 22 Accordingly, 23 IT IS HEREBY ORDERED THAT: 24 1. Plaintiff's motion for leave to file a second amended complaint is 25 GRANTED. Plaintiff shall file the proposed second amended complaint by no later than 26 seven (7) days from the date this Order is filed. 27 2. 28 MOOT. Defendants' motion to dismiss the first amended complaint is DENIED as 1 3. This Order terminates Docket 18 and Docket 40. 2 3 IT IS SO ORDERED. Dated: 5/29/13 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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