Johnson v. Monez et al

Filing 37

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SCOTT JOHNSON, Plaintiff, 8 9 v. JARED A. MONEZ, et al., 11 United States District Court Northern District of California 10 Case No. 4:17-cv-03469-KAW ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT Defendants. Re: Dkt. No. 36 12 13 On June 29, 2018, Plaintiff filed a motion for leave to file a first amended complaint, 14 because defense counsel did not respond in time to file a stipulation by the Court’s deadline. (See 15 Decl. of Elliott Montgomery, Dkt. No. 36-3 ¶¶ 6-8.) The motion is currently set for hearing on 16 August 16, 2018. Pursuant to Civil Local Rule 7-3, Defendants’ opposition or statement of non- 17 opposition was due on or before July 13, 2018. To date, Defendants have filed neither document. 18 Pursuant to the undersigned’s standing order, “[t]he failure of the opposing party to file a 19 memorandum of points and authorities in opposition to any motion shall constitute consent to the 20 granting of the motion.” (Judge Westmore’s General Standing Order ¶ 22.) 21 22 23 24 25 26 27 28 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 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge

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