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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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MAHAMEDI IP LAW, LLP, et al.,

Case No. 5:16-cv-02805-EJD

Plaintiffs,
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v.
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WILLIAM PARADICE,
Defendant.

ORDER GRANTING PLAINTIFFS’
MOTION TO WITHDRAW MOTION
FOR LEAVE TO FILE SECOND
AMENDED COMPLAINT
Re: Dkt. Nos. 112, 117

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Mahamedi filed his first amended complaint on August 22, 2016. Dkt. No. 11. On

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November 18, 2016, Mahamedi filed a motion for leave to file a second amended complaint

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(“SAC”). Dkt. No. 25. That motion is scheduled to be heard on July 6, 2017.

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On May 4, 2017, Mahamedi moved to withdraw his motion for leave to file an SAC. Dkt.

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No. 112. Paradice opposes Mahamedi’s motion to withdraw. Dkt. No. 115. The SAC would add

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Manuel Chavez as a defendant, as well as other new facts and claims against Paradice. Id. at 2.

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According to Paradice, Mahamedi seeks to withdraw his SAC because he has decided to pursue

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his claims against Chavez in a separate state-court action. Id. Paradice argues that Mahamedi’s

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decision is improper because it constitutes an “end-run [around] many of this Court’s rulings in

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Case No.: 5:16-cv-02805-EJD
ORDER GRANTING PLAINTIFFS’ MOTION TO WITHDRAW MOTION FOR LEAVE TO
FILE SECOND AMENDED COMPLAINT

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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

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to file his SAC in this case. Accordingly, Mahamedi’s motion to withdraw (Dkt. No. 112) is

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GRANTED.

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On June 27, Mahamedi moved to continue the July 6 hearing on his motion to withdraw.

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Dkt. No. 117. Because the Court grants Mahamedi’s motion to withdraw, the July 6 hearing is

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VACATED and Mahamedi’s motion to continue the hearing (Dkt. No. 117) is DENIED AS

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MOOT.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: June 29, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:16-cv-02805-EJD
ORDER GRANTING PLAINTIFFS’ MOTION TO WITHDRAW MOTION FOR LEAVE TO
FILE SECOND AMENDED COMPLAINT