QUAIR v. GERTZ, 2:11-cv-2293 JAM CKD P (2014)
Court: District Court, E.D. California
Number: infdco20141121a59
Visitors: 8
Filed: Nov. 20, 2014
Latest Update: Nov. 20, 2014
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. On November 3, 2014, these actions were consolidated. (ECF No. 73.) 1 Per the October 28, 2014 order by the United States Court of Appeals for the Ninth Circuit, these actions will proceed as follows: In Quair v. Gertz , No. 2:11-cv-2293, plaintiff will be granted thirty days to file an amended complaint. In Quair v. Honea , No. 2:11-cv-2294, the undersigned will review plaintiff's new argument on appeal "as it relates to his access to courts an
Summary: ORDER CAROLYN K. DELANEY, Magistrate Judge. On November 3, 2014, these actions were consolidated. (ECF No. 73.) 1 Per the October 28, 2014 order by the United States Court of Appeals for the Ninth Circuit, these actions will proceed as follows: In Quair v. Gertz , No. 2:11-cv-2293, plaintiff will be granted thirty days to file an amended complaint. In Quair v. Honea , No. 2:11-cv-2294, the undersigned will review plaintiff's new argument on appeal "as it relates to his access to courts and..
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ORDER
CAROLYN K. DELANEY, Magistrate Judge.
On November 3, 2014, these actions were consolidated. (ECF No. 73.)1 Per the October 28, 2014 order by the United States Court of Appeals for the Ninth Circuit, these actions will proceed as follows:
In Quair v. Gertz, No. 2:11-cv-2293, plaintiff will be granted thirty days to file an amended complaint.
In Quair v. Honea, No. 2:11-cv-2294, the undersigned will review plaintiff's new argument on appeal "as it relates to his access to courts and retaliation claims" (ECF No. 73 at 2) and order supplemental briefing when and if needed.
Accordingly, IT IS HEREBY ORDERED that plaintiff shall file an amended complaint in Quair v. Gertz, No. 2:11-cv-2293 no later than thirty days from the date of this order.
FootNotes
1. Under case law interpreting Federal Rule of Civil Procedure 42(a), consolidated actions retain their separate character. See Enterprise Bank v. Saettele, 21 F.3d 233, 236 (8th Cir. 1994).
Source: Leagle
