Trujillo v. Optio Solutions, LLC et al
Filing
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ORDER DISCHARGING ORDER TO SHOW CAUSE; STRIKING PROPOSED FIRST AMENDED COMPLAINT, see 24 . Signed by Judge Kandis A. Westmore on 07/03/2014. (kawlc2S, COURT STAFF) (Filed on 7/3/2014)
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United States District Court
Northern District of California
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JONATHAN TRUJILLO,
Plaintiff,
v.
OPTIO SOLUTIONS, LLC, et al.,
Case No.: 4:14-cv-01704-KAW
ORDER DISCHARGING ORDER TO
SHOW CAUSE; STRIKING PROPOSED
FIRST AMENDED COMPLAINT
Defendants.
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United States District Court
Northern District of California
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Plaintiff Jonathan Trujillo, who is represented by counsel, commenced this case on April
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14, 2014. (Compl., Dkt. No. 1.) On May 9, 2014, Defendant Optio Solutions, LLC filed a
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motion to dismiss. (Optio's Mot. to Dismiss, Dkt. No. 10.) On May 20, 2014, Defendant
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Crosscheck, Inc. also filed a motion to dismiss. (Crosscheck's Mot. to Dismiss, Dkt. No. 16.)
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Pursuant to Civil Local Rule 7-3(a), the opposition to the first motion was due on May 23, 2014,
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and the opposition to the second motion was due on June 3, 2014. As of June 23, 2014, Plaintiff
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had not filed an opposition to either motion. Therefore, the Court ordered Plaintiff to show cause
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why this case should not be dismissed for failure to prosecute, and file either an opposition to the
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motions to dismiss or a statement of non-opposition to the motions to dismiss. (June 23, 2014
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Order to Show Cause, Dkt. No. 22.)
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Plaintiff timely filed a response. (Pl.'s Response, Dkt. No. 24.) In his response, Plaintiff
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indicated that he intended to file an amended complaint as of right pursuant to Federal Rule of
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Civil Procedure 15(a)(1)(B) on May 23, 2014 but that "due to an unfortunate clerical error
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Plaintiff did not file the amended complaint," which he believed had been filed on May 23, 2014
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(Id. at 1.) Plaintiff appended a copy of the first amended complaint to his response.
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Because Plaintiff has filed a response to the Court's order to show cause, that order is
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hereby discharged. Because the time for filing an amended complaint as of right has expired, the
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Court strikes the proposed first amended complaint Plaintiff has appended to his response to the
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Court's order to show cause. To the extent that Plaintiff would like the pleading to become the
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operative complaint, he shall obtain a stipulation from all parties permitting its filing or move for
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leave to file an amended complaint. Any such stipulation or motion shall be filed within 14 days
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of this order, with a copy of the proposed first amended complaint attached, as required by Civil
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Local Rule 10-1. The proposed first amended complaint shall be on pleading paper and conform
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the formatting requirements set out in Civil Local Rule 3-4. The hearing on the motions to
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dismiss, currently set for August 7, 2014, shall remain on calendar in the interim. If Plaintiff fails
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to comply with the 14-day deadline set forth above, the Court may grant the motions as
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unopposed.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: July 3, 2014
___________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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