Bearden

Bearden v. Alameda County

Good Law
United States District Court, Northern District of CaliforniaDecember 13, 20193:19-cv-04264California232 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JEROME BEARDEN,

Case No. 19-cv-04264-KAW Plaintiff, 8 Vv. ORDER TERMINATING MOTION TO DISMISS; DISCHARGING ORDER TO ALAMEDA COUNTY, SHOW CAUSE Defendant. Re: Dkt. No. 9 11

On November 20, 2019, Defendant Alameda County filed a motion to dismiss Plaintiff

v || Bearden’s initial complaint. (Dkt. No. Re: Dkt. No. 9.) On December 13, 2019, Plaintiffs filed an © || amended complaint. (Dkt. No. Re: Dkt. No. 15.) Under Rule 15(a)(1)(B), a party may amend its pleading once as a matter of course within

= || 21 days of being served with a motion under Rule 12(b). The deadline is extended by three days

|| when a party is served by mail. See Fed. R. Civ. P. 6(d); Spengler v. Machado, CV 17-2078-DOC (SP), 2018 U.S. Dist. LEXIS 228166, at *3-4 (C.D. Cal. Mar. 23, 2018). Because the amended || complaint was timely filed, the Court…

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