Doyle v. California Department of Corrections and Rehabilitations et al

Filing 154

ORDER by Judge Yvonne Gonzalez Rogers denying without prejudice 149 Motion to Dismiss (fs, COURT STAFF) (Filed on 12/16/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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SEAN PATRICK DOYLE,

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Case No.: 12-CV-2769 YGR

Plaintiff,
v.

ORDER DENYING WITHOUT PREJUDICE
DEFENDANT CCA’S MOTION TO DISMISS

CALIFORNIA DEPARTMENT OF CORRECTIONS
AND REHABILITATIONS, et al.,
Defendants.
On November 26, 2014, defendant Correctional Corporation of America (“CCA”) filed a

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motion to dismiss plaintiff’s first amended complaint. (Dkt. No. 149.) On December 8, 2014,

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plaintiff Sean Doyle filed a motion for leave to file a second amended complaint (Dkt. No. 152);

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the first amended complaint having been dismissed as set forth in this Court’s Order of October 31,

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2014 (Dkt. No. 144.)

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Accordingly, CCA’s motion to dismiss is DENIED without prejudice. Defendant CCA is

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free to challenge plaintiff’s motion for leave to file a second amended complaint, or, if leave to file

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the second amended complaint is granted, to respond to the second amended complaint.

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IT IS SO ORDERED.

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Date: December 16, 2014

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE