Martin v. Zoota et al

Filing 10

ORDER by Judge Whyte granting 9 Motion to Amend. (rmwlc3, COURT STAFF) (Filed on 4/14/2009)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING LEAVE TO AMEND No. C-09-00315 RMW TER E-filed on: 4/14/09 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CATHERINE G. MARTIN, Plaintiff, v. MURRAY ZOOTA, President and CEO of Fremont Investment & Loan; et al. Defendants. No. C-09-00315 RMW ORDER GRANTING LEAVE TO AMEND [Re Docket No. 9] On March 27, 2009, this matter came on for hearing on the court's Order to Show Cause why plaintiff's complaint should not be dismissed as to all defendants for (a) failure to state a claim and (b) failure to timely serve the defendants. Having considered plaintiff's written response, the arguments made at hearing, plaintiff's request for leave to file an amended complaint is granted. The amended complaint, however, shall not include any of the five government employees named as defendants in the original complaint: Gail L. Pellerin, Clerk for Santa Cruz County; Gary Hazelton, Recorder for Santa Cruz County; Steven De. Robbins, Sheriff/Coroner for Santa Cruz County; Henry M. Paulson, Jr., (former) Secretary of the Treasury; and Michael B. Mukasey, (former) United States Attorney General. Plaintiff was unable to articulate any facts or legal theory as to why any of these government employee defendants could be liable to her. Plaintiff shall have until April 27, 2009 in which to file an amended complaint. DATED: 4/6/09 RONALD M. WHYTE United States District Judge 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been electronically sent to: Counsel for defendants who have appeared: Sung-Min Christopher Yoo cyoo@adorno.com John M. Sorich jsorich@adorno.com Notice of this document has been mailed to: Catherine G. Martin 435 Bellevue Street Santa Cruz, CA 95060 Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 4/14/09 TER Chambers of Judge Whyte ORDER GRANTING LEAVE TO AMEND No. C-09-00315 RMW TER 2

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