Cohen v. San Diego State University

United States District Court for the Southern District of California

Cohen v. San Diego State University

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KING COHEN, Case No.: 25cv1616-LL-AHG

12 Plaintiff, ORDER GRANTING MOTION TO 13 v. AMEND COMPLAINT AND DENYING AS MOOT MOTION TO 14 SAN DIEGO STATE UNIVERSITY, DISMISS COMPLAINT AND et al., 15 MOTIONS TO FILE EXCESS

PAGES IN COMPLAINT 16 Defendants.

17 [ECF Nos. 2, 12, 13, 15] 18

19 On September 5, 2025, Defendants moved to dismiss Plaintiff’s complaint for lack 20 of subject-matter jurisdiction and failure to state a claim upon which relief can be granted 21 under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). ECF No. 15. Plaintiff moved 22 to amend his complaint, which, under Rule 15(a)(1)(B), he may do once as a matter of 23 course within 21 days of Defendants’ Motion to Dismiss. ECF No. 13. Given that Plaintiff 24 is acting pro se and has not previously amended, the Court would also freely grant him 25 leave to amend under Rule 15(a)(2) as justice so requires. 26 Accordingly, the Court GRANTS Plaintiff’s Motion to Amend the Complaint. 27 ECF No. 13. By September 26, 2025, Plaintiff shall file his First Amended Complaint. 28 Any amended complaint must be complete in itself without reference to superseded | ||pleadings, and any claims not realleged in an amended complaint will be considered 2 || “waived.” See Lacey v. Maricopa Cnty.,

693 F.3d 896, 928

(9th Cir. 2012). The Court also 3 |}recommends that Plaintiff's First Amended Complaint be no more than 60 total pages. 4 ||Defendants’ Motion to Dismiss the original complaint and Plaintiff's Motions to File 5 || Excess Pages in the original complaint are DENIED AS MOOT. ECF Nos. 2, 12, 15. 6 IT IS SO ORDERED. 7 ||Dated: September 8, 2025 NO 8 DE 9 Honorable Linda Lopez 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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