ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32, STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On December 21, 2017, SUSAN VAN KEULEN, United States Magistrate Judge, submitted ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32. Importantly, Plaintiff’s motion for reconsideration of the Court’s dismissal of her claims against Flippo, the District Attorney for Monterey County, California, in his official capacity without leave to amend (ECF 32) is granted. “[T]he major grounds that justify reconsideration involve an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Here, the Court withdraws its previous order at ECF 32 and replaces it in full with the order below in order to correct a clear error. Plaintiff’s claim is still dismissed, but Plaintiff shall have leave to amend on or before January 22, 2018.

CONCLUSION

Defendant Flippo’s motion to dismiss is granted with leave to amend. Specifically:

·         Plaintiff is granted leave to cure her deficiencies in pleading injunctive relief;

·         Plaintiff must correct the general Rule 8 deficiencies outlined above.

Plaintiff is ordered to amend her complaint by January 22, 2018. Pursuant to Rule 15(a)(3), Defendants must respond within 14 days after service of the amended complaint.
The ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32 document copy is embedded.

Lininger v. Pfleger Order Granting Plaintiff’s Motion for Reconsideration 12-21-17 by L. A. Paterson on Scribd

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants.
ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32
Case No 5:17-cv-03385-SVK
FILED 12/21/17