Cotti et al v. California Department of Human Services Director et al

Filing 35

ORDER CONSTRUING 34 PLAINTIFF'S SECOND AMENDED COMPLAINT AS A MOTION FOR LEAVE TO AMEND; GRANTING THE MOTION FOR LEAVE TO AMEND AND ACCEPTING 34 THE SECOND AMENDED COMPLAINT AS THE OPERATIVE PLEADING; AND DIRECTING CLERK TO TERMINATE MINORS R.S. AND T.S. AS PARTIES. Signed by Judge Beth Labson Freeman on 8/16/2018.(blflc1S, COURT STAFF) (Filed on 8/16/2018)

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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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ALICE COTTI and VLADIMIR
SERDYUKOV,
Plaintiffs,

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v.
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WILL LIGHTBOURNE, et al.,
Defendants.

United States District Court
Northern District of California

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Case No. 18-cv-02980-BLF
ORDER CONSTRUING PLAINTIFFS’
SECOND AMENDED COMPLAINT AS
A MOTION FOR LEAVE TO AMEND;
GRANTING THE MOTION FOR
LEAVE TO AMEND AND ACCEPTING
THE SECOND AMENDED
COMPLAINT AS THE OPERATIVE
PLEADING; AND DIRECTING CLERK
TO TERMINATE MINORS R.S. AND
T.S. AS PARTIES
[Re: ECF 34]

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Plaintiffs Alice Cotti and Vladimir Serdyukov, who are proceeding pro se and with

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permission to use the Court’s electronic case filing system, e-filed a “Second Amended

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Complaint” on August 16, 2018. See ECF 34. They described the document in the docket entry

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as a “First MOTION to Amend/Correct.” See Docket Entry for ECF 34. The Court construes this

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filing as a motion for leave to amend, and GRANTS the motion, accepting the Second Amended

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Complaint docketed at ECF 34 as the operative pleading in this case. Plaintiffs are advised that

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any further amendment to their pleading will require a prior order from the Court expressly

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allowing such amendment.

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The Court notes that Plaintiffs’ minor children, R.S. and T.S., who were named as parties

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in the original complaint, no longer are named as parties in the Second Amended Complaint. See

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Second Amended Complaint ¶¶ 11-14, ECF 34. The Clerk shall terminate R.S. and T.S. as

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parties.

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IT IS SO ORDERED.
Dated: August 16, 2018

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BETH LABSON FREEMAN
United States District Judge