Longariello v. Phoenix Union High School District
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|Date Filed||#||Document Text|
|December 15, 2009
ORDER - IT IS ORDERED, nunc pro tunc, that the Court's 9/2/09 8 Order,at 3-4, striking Pla's 1 Complaint, is hereby VACATED. Pla's 1 Complaint, is REINSTATED, effective the date it was originally filed, 8/4/09. FURTHER ORDERED th at Dft Phoenix Union High School District's 13 Motion to Dismiss is GRANTED. Finding that Pla's 10 Amended Complaint fails to state any claim upon which relief may be granted pursuant to Rule 12(b)(6), FED.R.CIV.P., and pro se Pla havin g received a fair opportunity to file an Amended Complaint to cure the original Complaint's factual deficiencies, dismissal is with prejudice. The Clerk is directed to enter jgm in favor of Dft Phoenix UnionHigh School District and to terminate this case. Signed by Magistrate Judge Lawrence O Anderson on 12/15/09. (SAT)
|November 13, 2009
ORDER that Plaintiff's Motion to Strike and Motion for Judgment by Default, combined with Plaintiff's Response to Motion to Dismiss, 18 are summarily DENIED. In an abundance of fairness, the Court hereby authorizes pro se Plaintiff to fi le a Supplemental Response to the merits of Defendant's pending Motion to Dismiss, docket # 13 , on or before Monday, November 30, 2009 or Defendant's Motion to Dismiss will be granted and this case terminated in its entirety. Signed by Magistrate Judge Lawrence O Anderson on 11/13/09.(DMT, )
|September 2, 2009
VACATED 12/15/09 PER 25 ORDER - ORDER - IT IS ORDERED Pla's 1 COMPLAINT is hereby STRICKEN for failure to comply with Rule 8, FED.R.CIV.P., and failure to state a claim upon which relief may be granted. FURTHER ORDERED that Pla may file an A mended Complaint that shall fully comply with Rule 8, FED.R.CIV.P., by Friday, 10/2/09. Pla is directed to attach a copy of the EEOC Right to Sue letter as an exhibit to the Amended Complaint. FURTHER ORDERED that if no Amended Complaint is filed by Friday, 10/2/09, the Clerk is hereby directed to dismiss this case without prejudice and further notice. Possible Dismissal deadline set for 10/2/2009. Signed by Magistrate Judge Lawrence O Anderson on 9/1/09. (SAT) Modified on 12/15/2009 (SAT).
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