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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRANDON T. WILLIAMS, Case No. 4:16-cv-04143-KAW Plaintiff, 8 v. 9 10 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 11 12 On April 1, 2017, Defendant Richmond Housing Authority filed a motion to dismiss 13 Plaintiff Brandon Williams’s first amended complaint. (Dkt. No. Re: Dkt. No. 16.) On April 17, 14 2017, Plaintiff filed a motion seeking leave to file an amended complaint. (Dkt. No. 21.) On April 15 19, 2017, Defendant filed a notice of non-opposition, and provided that it would withdraw its 16 motion to dismiss once the second amended complaint was filed. (Dkt. No. 22.) 17 Federal Rule of Civil Procedure 15(a)(1)(B), a party may amend its pleading once as a 18 matter of course within 21 days of being served with a motion under Rule 12(b). Plaintiff’s 19 complaint was previously amended after a sua sponte order of the Court, and not in response to a 20 motion to dismiss. Accordingly, the Court GRANTS Plaintiff’s motion for leave to file an 21 amended complaint, and extends the time to file the Second Amended Complaint to May 5, 2017. 22 Upon timely filing of the Second Amended Complaint, the Court will terminate the pending 23 motion to dismiss pursuant to Rule 15. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 20, 2017 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge

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