O'Connor et al v. Capital One

Filing 28

ORDER by Judge Kandis A. Westmore denying 25 Motion to Amend/Correct. (kawlc1, COURT STAFF) (Filed on 5/28/2014) (Additional attachment(s) added on 5/28/2014: # 1 Certificate/Proof of Service) (sisS, COURT STAFF).

1
2

United States District Court
Northern District of California

3
4
5
6
7

JO ANN O’CONNOR and ROBERT H.
O'CONNOR,

8

Plaintiffs,

9
10

v.
CAPITAL ONE, N.A.,

ORDER DENYING MOTION FOR LEAVE
TO FILE FIRST AMENDED COMPLAINT
WITHOUT PREJUDICE

Defendant.

11

United States District Court
Northern District of California

Case No.: CV 14-00209-KAW

12

Plaintiffs Jo Ann O’Connor and Robert H. O'Connor proceed pro se in the above-

13
14
15

captioned case. On May 12, 2014, Plaintiffs filed a motion for leave to file a first amended
complaint. (Pls.’ Mot., Dkt. No. 25.)
The Court denies the motion without prejudice for two reasons. First, Plaintiffs noticed

16
17
18
19
20
21
22

the motion for hearing on May 15, 2014. This violates Civil Local Rule 7-2(a), which provides
that "all motions must be filed, served, and noticed in writing on the motion calendar of the
assigned Judge for hearing not less than 35 days after filing of the motion." Second, Plaintiffs did
not comply with Civil Local Rule 10-1, which requires "[a]ny party filing or moving to file an
amended pleading [to] reproduce the entire proposed pleading and may not incorporate any part
of a prior pleading by reference."
If Plaintiffs wish to file a first amended complaint, they may do so by filing a properly

23
24
25
26
27
28

noticed motion that includes a copy of the proposed amended complaint.
///
///
///
///

The Court reminds Plaintiffs that they may wish to consult a manual the Court has adopted

1
2

to assist pro se litigants in presenting their case. This manual, and other free information, is

3

available online at: http://cand.uscourts.gov/proselitigants. Plaintiff may also wish to contact the

4

Federal Pro Bono Project's Help Desk—a free service for pro se litigants—by calling (415) 782-

5

8982.

6
7

IT IS SO ORDERED.
Dated: May 28, 2014

___________________________
KANDIS A. WESTMORE
United States Magistrate Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2