United States District Court for the Northern District of California, 2020

Ellawendy v. CSUMB Police Department

Ellawendy v. CSUMB Police Department
United States District Court for the Northern District of California · Decided May 18, 2020
Ellawendy v. CSUMB Police Department

Trial Court Opinion

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 ABELFATAH ELLAWENDY, Case No. 19-cv-08417-SVK 8 Plaintiff, ORDER DIRECTING PLAINTIFF TO 9 v. RE-FILE SECOND AMENDED COMPLAINT 10 CSUMB POLICE DEPARTMENT, et al., Re: Dkt. No. 12 11 Defendants. a 12 On May 11, 2020, Plaintiff filed a second amended complaint in response to this Court’s || April 10, 2020 screening order. Dkt. 11; Dkt. 12. Plaintiff's amended complaint merely contains || “amendments” to his first amended complaint and does not re-incorporate the allegations the |} Court deemed proper in the April 10, 2020 screening order. See Dkt. 12. “[T]he amended 16 || complaint should be a stand-alone document that includes all relevant factual allegations.” Hilton

3 17. || v. Pagani Worldwide LLC, 19-cv-01848-VC, 2019 WL 4729603, at *1 (N.D. Cal. July 30, 2019).

1g || Thus, for his complaint to be proper, Plaintiff may not rely on allegations made in earlier filings; 19 rather, he must restate all relevant allegations clearly in the second amended complaint. If Plaintiff wishes to proceed with this action, he must file a proper amended complaint that includes all relevant factual allegations by May 28, 2020. Defendants’ time to respond will run from the date that such a properly amended complaint is filed.

73 SO ORDERED.

Dated: May 18, 2020 25 ys yi i ( 26 Te SUSAN VAN KEULEN 7 United States Magistrate Judge

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