Johnson v. Monez et al
Filing
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ORDER by Judge Kandis A. Westmore granting 36 Motion for Leave to File First Amended Complaint. Amended Pleadings due by 7/23/2018. (kawlc1, COURT STAFF) (Filed on 7/16/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
Plaintiff,
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v.
JARED A. MONEZ, et al.,
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United States District Court
Northern District of California
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Case No. 4:17-cv-03469-KAW
ORDER GRANTING MOTION FOR
LEAVE TO FILE FIRST AMENDED
COMPLAINT
Defendants.
Re: Dkt. No. 36
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On June 29, 2018, Plaintiff filed a motion for leave to file a first amended complaint,
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because defense counsel did not respond in time to file a stipulation by the Court’s deadline. (See
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Decl. of Elliott Montgomery, Dkt. No. 36-3 ¶¶ 6-8.) The motion is currently set for hearing on
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August 16, 2018. Pursuant to Civil Local Rule 7-3, Defendants’ opposition or statement of non-
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opposition was due on or before July 13, 2018. To date, Defendants have filed neither document.
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Pursuant to the undersigned’s standing order, “[t]he failure of the opposing party to file a
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memorandum of points and authorities in opposition to any motion shall constitute consent to the
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granting of the motion.” (Judge Westmore’s General Standing Order ¶ 22.)
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Accordingly, Plaintiff’s motion for leave to file a first amended complaint is GRANTED.
Plaintiff shall file the first amended complaint within 7 days of this order.
IT IS SO ORDERED.
Dated: July 16, 2018
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KANDIS A. WESTMORE
United States Magistrate Judge
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