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Kelley v. Allen

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 13, 2010

KATHRYN ANN KELLEY, PLAINTIFF,
v.
LARRY ALLEN, INDIVIDUALLY AND IN HIS CAPACITY AS DISTRICT ATTORNEY OF SIERRA COUNTY; SARAH WRIGHT, INDIVIDUALLY AND IN HER CAPACITY AS EMPLOYEE OF THE COUNTY OF SIERRA; COUNTY OF SIERRA; SIERRA COUNTY DISTRICT ATTORNEY'S OFFICE; AND SIERRA COUNTY SHERIFF'S DEPARTMENT, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

The parties' Joint Status Report filed on July 12, 2010 ("JSR") reveals that this case is not ready to be scheduled, since Plaintiff states in the JSR she "has sought a stipulation from Defendants allowing her to file an Amended Complaint" and that "[s]hould Defendant not so stipulate, Plaintiff will seek leave of the court to amend the Complaint." (JSR 2:12-14.) Plaintiff further states, "If an agreement is reached, an Amended Complaint will be filed forthwith." (Id. 2:15-16.)

Based on Plaintiff's representation, Defendants' pending Motion to Dismiss (Docket No. 9) is deemed withdrawn and can be re-noticed for hearing if Plaintiff fails to file a First Amended Complaint as indicated. To hold otherwise risks having the Court spend time on a motion that would become moot after a properly amended complaint is filed.

Further, the Status (Pretrial Scheduling) Conference set for July 26, 2010 is continued to October 4, 2010, at 9:00 a.m. A further joint status report shall be filed no later than 14 days prior to the Status Conference.

20100713

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