Channel v. Wilkie, 2:18-cv-02414 MCE AC (PS). (2019)
Court: District Court, E.D. California
Number: infdco20190826753
Visitors: 8
Filed: Aug. 22, 2019
Latest Update: Aug. 22, 2019
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . This order is issued to clarify the deadline for defendants to respond to plaintiff's Third Amended Complaint. On July 10, 2019, the undersigned issued an order directing defendants to respond within the time provided in Federal Rule of Civil Procedure 12(a)(1). ECF No. 34. This citation was in error. Rule 12(a)(2) applies, because all three defendants in this action are officers or employees of the United States Department of Veterans Affairs. Pu
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . This order is issued to clarify the deadline for defendants to respond to plaintiff's Third Amended Complaint. On July 10, 2019, the undersigned issued an order directing defendants to respond within the time provided in Federal Rule of Civil Procedure 12(a)(1). ECF No. 34. This citation was in error. Rule 12(a)(2) applies, because all three defendants in this action are officers or employees of the United States Department of Veterans Affairs. Pur..
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ORDER
ALLISON CLAIRE, Magistrate Judge.
This order is issued to clarify the deadline for defendants to respond to plaintiff's Third Amended Complaint. On July 10, 2019, the undersigned issued an order directing defendants to respond within the time provided in Federal Rule of Civil Procedure 12(a)(1). ECF No. 34. This citation was in error. Rule 12(a)(2) applies, because all three defendants in this action are officers or employees of the United States Department of Veterans Affairs.
Pursuant to Rule 12(a)(2), defendants' response is not due until September 6, 2019, and the Clerk of Court correctly declined to enter default against them following plaintiff's August 2, 2019 request. See ECF Nos. 35, 37, 38.
Defendants are advised that the court does not intend to re-screen the Third Amended Complaint and will await defendants' responsive pleading on or before September 6, 2019.
IT IS SO ORDERED.
Source: Leagle
