Williams v. Perez et al

Filing 23

ORDER by Judge Kandis A. Westmore granting Plaintiff's 21 Motion for Leave to file her Second Amended Complaint. Amended Pleadings due by 5/5/2017. (kawlc1, COURT STAFF) (Filed on 4/20/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRANDON T. WILLIAMS,

Case No. 4:16-cv-04143-KAW

Plaintiff,
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v.
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HECTOR PEREZ, et al.,
Defendants.

ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE A
SECOND AMENDED COMPLAINT
Re: Dkt. No. 21

United States District Court
Northern District of California

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On April 1, 2017, Defendant Richmond Housing Authority filed a motion to dismiss

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Plaintiff Brandon Williams’s first amended complaint. (Dkt. No. Re: Dkt. No. 16.) On April 17,

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2017, Plaintiff filed a motion seeking leave to file an amended complaint. (Dkt. No. 21.) On April

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19, 2017, Defendant filed a notice of non-opposition, and provided that it would withdraw its

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motion to dismiss once the second amended complaint was filed. (Dkt. No. 22.)

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Federal Rule of Civil Procedure 15(a)(1)(B), a party may amend its pleading once as a

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matter of course within 21 days of being served with a motion under Rule 12(b). Plaintiff’s

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complaint was previously amended after a sua sponte order of the Court, and not in response to a

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motion to dismiss. Accordingly, the Court GRANTS Plaintiff’s motion for leave to file an

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amended complaint, and extends the time to file the Second Amended Complaint to May 5, 2017.

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Upon timely filing of the Second Amended Complaint, the Court will terminate the pending

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motion to dismiss pursuant to Rule 15.

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IT IS SO ORDERED.
Dated: April 20, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge