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Ciampi v. City of Palo Alto

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 23, 2010

JOSEPH CIAMPI, PLAINTIFF,
v.
CITY OF PALO ALTO, A GOVERNMENT ENTITY; LYNNE JOHNSON, AN INDIVIDUAL; CHIEF DENNIS BURNS, AN INDIVIDUAL; OFFICER KELLY BURGER, AN INDIVIDUAL; OFFICER MANUEL TEMORES, AN INDIVIDUAL; OFFICER APRIL WAGNER, AN INDIVIDUAL; AGENT DAN RYAN; SERGEANT NATASHA POWERS, INDIVIDUAL, DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER STRIKING FIRST AMENDED COMPLAINT; SETTING EXPEDITED BRIEFING SCHEDULE ON MOTION FOR LEAVE TO AMEND

Defendants' Motion to Strike Plaintiff's First Amended Complaint ("FAC") is currently set for hearing on December 16, 2010. However, on November 22, 2010, Plaintiff filed a motion in which he conceded that the FAC was improperly filed and requested that the Court strike the FAC.

Because all parties now agree that the FAC should be stricken, the Court hereby STRIKES Plaintiff's First Amended Complaint.

In his motion, Plaintiff further seeks leave of the Court to file a Second Amended Complaint ("SAC") and requests that the Court hear this motion at the hearing previously 27 scheduled for December 16, 2010. The proposed SAC attached to Plaintiff's motion appears to be substantially similar, if not identical, to the FAC that Defendants previously moved to strike, and Plaintiff's motion presents the limited issue of whether he should be granted leave to amend.

Accordingly, the Court finds that Defendants will not be prejudiced if Plaintiff's motion for leave 4 to amend is heard on December 16, 2010. The Court therefore sets the following expedited 5 briefing schedule:

(1) Defendants shall file an opposition, or statement of non-opposition, to Plaintiff's motion for leave to amend by Monday, December 6, 2010.

(2) Plaintiff shall file a reply, if any, by Friday, December 10, 2010.

A Case Management Conference will be held as previously scheduled to follow the motion hearing 10 on December 16, 2010.

IT IS SO ORDERED.

20101123

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