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Assault Libel & Slander | California Southern
Minute Order (No Time) ~Util - Set Motion and R&R Deadlines/Hearings
Minute Order by Judge Jinsook Ohta: On March 28, 2025, the Court dismissed with prejudice Plaintiff's false advertising claim for failure to timely amend. Dkt. 74. On appeal, the Ninth Circuit vacated and remanded, finding that Plaintiff should be offered another opportunity to amend his complaint. Dkt. 82. Accordingly, the Court GRANTS Plaintiff until October 9, 2026 to file an Amended Complaint which cures the deficiencies of pleading noted in the Court's March 13, 2025 Order. See Dkt. 71. Plaintiff's Second Amended Complaint must be complete by itself without reference to any previous version of his pleading; Defendants not named and any claims not re-alleged in the Second Amended Complaint will be considered waived. See S.D. Cal. CivLR 15.1; Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989). Plaintiff must file an amended complaint that complies with this order by October 9, 2026, otherwise the Clerk of Court shall enter a dismissal of the action without further notice to Plaintiff. Because Plaintiff is proceeding IFP, any proposed Second Amended Complaint to be filed by Plaintiff will be subject to the Court's sua sponte screening under 28 U.S.C. § 1915(e). Signed by Judge Jinsook Ohta on 08/26/2026. (rh)
USCA Mandate
MANDATE of USCA as to 79 Notice of Appeal to 9th Circuit filed by Aellis D'Artisan. (Attachments: # 1 USCA Memorandum)(All non-registered users served via U.S. Mail Service)(mjw)
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