Arden v. Liberty University

Filing 26

ORDER CONTINUING CASE MANAGEMENT CONFERENCE; CONTINUING DEADLINE TO AMEND COMPLAINT AND FURTHER PROCEEDINGS ON MOTION TO DISMISS re 25 MOTION to Amend/Correct filed by Reidar Arden, 18 MOTION for Amendment to Show Legal Cause and Request for 30 day Continuance filed by Reidar Arden, 21 MOTION to Amend/Correct filed by Reidar Arden, 24 MOTION to Amend/Correct filed by Reidar Arden. Case Management Conference set for 12/4/2017 is CONTINUED to February 26, 2018 at 2:00 PM. Signed by Judge Yvonne Gonzalez Rogers on 12/1/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 12/1/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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REIDAR ARDEN,
Plaintiff,

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vs.
LIBERTY UNIVERSITY,

CASE NO. 17-cv-04850-YGR
ORDER CONTINUING CASE MANAGEMENT
CONFERENCE; CONTINUING DEADLINE TO
AMEND COMPLAINT AND FURTHER
PROCEEDINGS ON MOTION TO DISMISS
Dkt. No. 18, 21, 24, 25

Defendant.

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United States District Court
Northern District of California

Defendant Liberty University filed a motion to dismiss the complaint herein. (Dkt. No. 15.)
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Thereafter, Plaintiff Reidar Arden filed two “motion” documents, each labeled motions to amend
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or for amendment, and each seeking a continuance, presumably of a hearing on the motion to
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dismiss. (Dkt Nos. 18, 21).
The Court continued the hearing on the motion, directed Arden to file an amended
complaint consistent with his requests to amend, no later than December 15, 2017, and moved the
hearing on the motion to dismiss to January 16, 2018. (Dkt. No. 23.) Arden subsequently filed
two additional “motions to amend the complaint” on November 28 and 30, 2017, one seeking to
add two documents to the record herein, the other explaining why Arden was unable to complete
ECF registration and had not yet met with the Pro Se Help Center/Federal Pro Bono Project. (Dkt.
No. 24, 25.)
The Court, having considered those motions and the pleadings on file, ORDERS as follows:
(1) Case Management Conference
The case management conference currently set for Monday, December 4, 2017, is
CONTINUED to February 26, 2018, at 2:00 p.m., in Courtroom 1, 1301 Clay Street, Oakland.
Updated case management statements must be filed no later than 5 business days prior to the
continued case management conference.

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(2) Arden’s Deadline to Amend Complaint

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In the November 30, 2017 filing, Arden indicates that he has contacted the Federal Pro

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Bono Project for an appointment and their earliest availability is the week of December 5, 2017.

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(Dkt. No. 25.) In light of this delay in Arden’s ability to meet with the Help Center counselor, the

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Court CONTINUES the deadline for Arden to file an amended complaint to December 22, 2017.

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Arden is reminded that a complaint is “a short and plain statement of the claim showing

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that the pleader is entitled to relief,” as required by Rule 8 of the Federal Rules of Civil Procedure,

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and that he does not need to submit evidence to state his complaint. The amended complaint

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should be clearly labeled “amended complaint” in the caption of the document, rather than some

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other request for relief or motion.

United States District Court
Northern District of California

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(3) Motion to Dismiss and Supplemental Reply

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Liberty may file a supplemental memorandum in support of the motion to dismiss no later

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than January 9, 2018. The Motion of Liberty University to Dismiss Complaint (Dkt No. 15) is

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CONTINUED to January 23, 2018, at 2:00 p.m. in Courtroom 1, Federal District Courthouse, 1301

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Clay Street, Oakland.

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IT IS SO ORDERED.

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This terminates Docket Nos. 18, 21, 24, 25.

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Dated: December 1, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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