Mahamedi et al v. Paradice et al
Filing
120
ORDER GRANTING 112 PLAINTIFFS' MOTION TO WITHDRAW MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT. Signed by Judge Edward J. Davila on 6/29/2017. The 7/6/2017 hearing is VACATED. No appearance necessary. (ejdlc2S, COURT STAFF) (Filed on 6/29/2017)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
United States District Court
Northern District of California
11
12
MAHAMEDI IP LAW, LLP, et al.,
Case No. 5:16-cv-02805-EJD
Plaintiffs,
13
v.
14
15
WILLIAM PARADICE,
Defendant.
ORDER GRANTING PLAINTIFFS’
MOTION TO WITHDRAW MOTION
FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT
Re: Dkt. Nos. 112, 117
16
17
18
Mahamedi filed his first amended complaint on August 22, 2016. Dkt. No. 11. On
19
November 18, 2016, Mahamedi filed a motion for leave to file a second amended complaint
20
(“SAC”). Dkt. No. 25. That motion is scheduled to be heard on July 6, 2017.
21
On May 4, 2017, Mahamedi moved to withdraw his motion for leave to file an SAC. Dkt.
22
No. 112. Paradice opposes Mahamedi’s motion to withdraw. Dkt. No. 115. The SAC would add
23
Manuel Chavez as a defendant, as well as other new facts and claims against Paradice. Id. at 2.
24
According to Paradice, Mahamedi seeks to withdraw his SAC because he has decided to pursue
25
his claims against Chavez in a separate state-court action. Id. Paradice argues that Mahamedi’s
26
decision is improper because it constitutes an “end-run [around] many of this Court’s rulings in
27
28
1
Case No.: 5:16-cv-02805-EJD
ORDER GRANTING PLAINTIFFS’ MOTION TO WITHDRAW MOTION FOR LEAVE TO
FILE SECOND AMENDED COMPLAINT
1
2
this case, including most notably the Court’s stay on discovery.” Id.
The Court finds that Paradice has not provided an adequate basis for requiring Mahamedi
3
to file his SAC in this case. Accordingly, Mahamedi’s motion to withdraw (Dkt. No. 112) is
4
GRANTED.
5
On June 27, Mahamedi moved to continue the July 6 hearing on his motion to withdraw.
6
Dkt. No. 117. Because the Court grants Mahamedi’s motion to withdraw, the July 6 hearing is
7
VACATED and Mahamedi’s motion to continue the hearing (Dkt. No. 117) is DENIED AS
8
MOOT.
9
10
United States District Court
Northern District of California
11
12
13
IT IS SO ORDERED.
Dated: June 29, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 5:16-cv-02805-EJD
ORDER GRANTING PLAINTIFFS’ MOTION TO WITHDRAW MOTION FOR LEAVE TO
FILE SECOND AMENDED COMPLAINT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?