Joshua Claypole et al v. County of San Mateo et al

Filing 58

ORDER REQUESTING CLARIFICATION RE STATUS OF 32 PENDING MOTION TO DISMISS FILED BY COMMUNITY HOSPITAL OF MONTEREY PENINSULA. Signed by Judge Beth Labson Freeman on 11/7/2014. (blflc1S, COURT STAFF) (Filed on 11/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JOSHUA CLAYPOLE, et al.,

Case No. 14-cv-02730-BLF

Plaintiffs,
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v.
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COUNTY OF SAN MATEO, et al.,
Defendants.

United States District Court
Northern District of California

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ORDER REQUESTING
CLARIFICATION RE STATUS OF
PENDING MOTION TO DISMISS
FILED BY COMMUNITY HOSPITAL
OF MONTEREY PENINSULA

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On August 5, 2014, Defendant Community Hospital of Monterey Peninsula (“CHOMP”)

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filed a motion to dismiss the then-operative Complaint. That motion is set for hearing on

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November 19, 2014. On October 28, 2014, Plaintiffs filed an Amended Complaint. The parties

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shall clarify the status of the pending motion, in writing, on or before November 12, 2014.

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Specifically, the parties shall specify whether the operative Amended Complaint contains any

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allegations against CHOMP that are different from the allegations of the original Complaint, and

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whether it would be appropriate to treat the pending motion to dismiss as though it were directed

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toward the operative Amended Complaint.

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IT IS SO ORDERED.

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Dated: November 7, 2014
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BETH LABSON FREEMAN
United States District Judge