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).

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?