Ciampi v City of Palo Alto, et al

Filing 91

ORDER STRIKING 73 FIRST AMENDED COMPLAINT; SETTING BRIEFING SCHEDULE ON MOTION FOR LEAVE TO AMEND. Motion Hearing set for 12/16/2010 01:30 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 11/23/2010. (lhklc1, COURT STAFF) (Filed on 11/23/2010)

Ciampi v City of Palo Alto, et al

Doc. 91

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 JOSEPH CIAMPI, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) v. ) ) CITY OF PALO ALTO, a government entity; ) LYNNE JOHNSON, an individual; CHIEF ) DENNIS BURNS, an individual; OFFICER ) KELLY BURGER, an individual; OFFICER ) MANUEL TEMORES, an individual; OFFICER ) APRIL WAGNER, an individual; AGENT DAN ) RYAN; SERGEANT NATASHA POWERS, ) individual, ) ) Defendants. ) ) ) Case No.: 09-CV-02655-LHK ORDER STRIKING FIRST AMENDED COMPLAINT; SETTING EXPEDITED BRIEFING SCHEDULE ON MOTION FOR LEAVE TO AMEND

Defendants' Motion to Strike Plaintiff's First Amended Complaint ("FAC") is currently set for hearing on December 16, 2010. However, on November 22, 2010, Plaintiff filed a motion in which he conceded that the FAC was improperly filed and requested that the Court strike the FAC. Because all parties now agree that the FAC should be stricken, the Court hereby STRIKES Plaintiff's First Amended Complaint. In his motion, Plaintiff further seeks leave of the Court to file a Second Amended Complaint ("SAC") and requests that the Court hear this motion at the hearing previously scheduled for December 16, 2010. The proposed SAC attached to Plaintiff's motion appears to be 1

Case No.: 09-CV-02655-LHK ORDER STRIKING FIRST AMENDED COMPLAINT; SETTING EXPEDITED BRIEFING SCHEDULE ON MOTION FOR LEAVE TO AMEND
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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

substantially similar, if not identical, to the FAC that Defendants previously moved to strike, and Plaintiff's motion presents the limited issue of whether he should be granted leave to amend. Accordingly, the Court finds that Defendants will not be prejudiced if Plaintiff's motion for leave to amend is heard on December 16, 2010. The Court therefore sets the following expedited briefing schedule: (1) Defendants shall file an opposition, or statement of non-opposition, to Plaintiff's motion for leave to amend by Monday, December 6, 2010. (2) Plaintiff shall file a reply, if any, by Friday, December 10, 2010. A Case Management Conference will be held as previously scheduled to follow the motion hearing on December 16, 2010. IT IS SO ORDERED.

Dated: November 23, 2010

_________________________________ LUCY H. KOH United States District Judge

Case No.: 09-CV-02655-LHK ORDER STRIKING FIRST AMENDED COMPLAINT; SETTING EXPEDITED BRIEFING SCHEDULE ON MOTION FOR LEAVE TO AMEND

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