Newfarmer-Fletcher v. County of Sierra et al
Filing
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ORDER granting 6 Defendants' Motion to Dismiss with leave to amend signed by Judge John A. Mendez on 11/21/11. Plaintiff must file an amended complaint within 20 days of this Order. Within ten days of this Order, David John Collins shall either pay sanctions of $150.00, or submit a statement of good cause explaining his failure to comply with Local Rule 230(c).(Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEAN NEWFARMER-FLETCHER,
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Plaintiff,
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v.
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COUNTY OF SIERRA, a California
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Municipality, SIERRA COUNTY
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DEPT. OF HUMAN SERVICES/SOCIAL
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SERVICES DEPARTMENT, a
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government agency organized and )
existing pursuant to the law and )
policy of the COUNTY OF SIERRA, )
CAROL ROBERTS, Director of the
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DEPT. OF HUMAN SERVICES, JAMES
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MARKS, LARRY ALLEN, VAN MADDOX, )
JODI BENSON, CAROL IMAN, and
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DOES 1-50,
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Defendants.
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Case No. 2:11-CV-02054 JAM-CKD
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS
This matter comes before the Court on Defendants County of
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Sierra, Sierra County Department of Human Services/Social Services
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Department, Carol Roberts, James Marks, Larry Allen, Van Maddox,
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and Jodi Benson’s (“Defendants”) Motion to Dismiss (Doc. #6).
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Defendants ask the Court to dismiss the Complaint (Doc. #1) filed
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by Plaintiff Jean Newfarmer-Fletcher.
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the motion.
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Plaintiff does not oppose
Local Rule 230(c) requires a party responding to a
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This motion was determined to be suitable for decision without
oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled
for November 16, 2011.
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motion to file either an opposition to the motion or a statement of
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non-opposition, no less than fourteen (14) days preceding the
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noticed hearing date.
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impose sanctions for “failure of counsel or of a party to comply
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with these Rules.”
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counsel, David John Collins, $150.00 unless he shows good cause for
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his failure to comply with the Local Rules.
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Local Rule 110 authorizes the Court to
Therefore, the Court will sanction Plaintiff’s
Plaintiff did, however, file a First Amended Complaint
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(“FAC”)(Doc. #12), but contrary to Federal Rule of Civil Procedure
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15(a)(2), she did not amend her pleading with Defendants’ written
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consent or obtain leave of Court.
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Defendants’ stipulate to the FAC or it would strike it from the
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docket (Doc. #13).
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did not consent to the FAC.
The Court ordered that the
For reasons unknown to the Court, Defendants
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I.
ORDER
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After carefully considering the papers submitted in this
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matter, it is hereby ordered that Defendants’ Motion to Dismiss is
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GRANTED, WITH LEAVE TO AMEND.
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complaint within 20 days of this Order.
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within ten (10) days of this Order David John Collins shall either
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(1) pay sanctions of $150.00 to the Clerk of the Court, or
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(2) submit a statement of good cause explaining his failure to
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comply with Local Rule 230(c).
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Plaintiff must file an amended
It is further ordered that
IT IS SO ORDERED.
Dated:
November 21, 2011
____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE
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