Shankar v. Imperva, Inc. et al

Filing 57

ORDER by Judge Hamilton denying 56 Motion (pjhlc2, COURT STAFF) (Filed on 10/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VISWANATH V. SHANKAR, et al.,

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United States District Court
Northern District of California

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Case No. 14-cv-01680-PJH

Plaintiffs,

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v.

ORDER RE MOTION FOR LEAVE TO
ALLEGE ADDITIONAL STATEMENTS

IMPERVA, INC., et al.,
Defendants.

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On October 15, 2015, plaintiff in the above-captioned case filed an amended

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complaint in accordance with the court’s September 17, 2015 dismissal order, and also

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filed a “motion for leave to allege additional false and misleading statements and to

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modify the class period.” In the motion, plaintiff acknowledges that the court’s dismissal

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order stated that he “will not be permitted to add any new alleged false/misleading

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statements to any amended complaint without leave of court or the consent of all parties,”

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and having failed to obtain defendants’ consent to add additional false/misleading

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statements, he now seeks leave of court to do so.

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However, though plaintiff’s motion appears to seek leave to amend the complaint,

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plaintiff has not complied with Civil Local Rule 10-1, which requires that “[a]ny party filing

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or moving to file an amended pleading must reproduce the entire proposed pleading and

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may not incorporate any part of a prior pleading by reference.” In the alternative,

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plaintiff’s motion could be construed as a motion for reconsideration of the court’s

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dismissal order, but plaintiff has not complied with Civil Local Rule 7-9, which requires the

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party seeking reconsideration to state the basis for the motion.

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Plaintif motion is thus DEN
ff’s
i
NIED withou prejudice Plaintiff may re-file his motion,
ut
e.

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but must clearly state the procedura basis und which t motion is brought, and must
e
al
der
the

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a
ble
ments.
comply with any applicab requirem

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IT IS SO ORDER
S
RED.
Da
ated: Octob 19, 2015
ber
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__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge

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United States District Court
Northern District of California

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