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15-071 - MYER v. WETZEL et al


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15-071 - MYER v. WETZEL et al
March 16, 2016
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MEMORANDUM OPINION & ORDER that Plaintiff is directed to file a new amended complaint in accordance with the instructions in the accompanying Memorandum Opinion by April 15, 2016. Failure to file the new amended complaint by this date may result in the dismissal of this action for failure to prosecute. IT IS FURTHER ORDERED that Defendants 20 motion to dismiss is dismissed as moot in light of the order to file a new amended complaint. IT IS FURTHER ORDERED that Defendants file either an answer or motion to dismissin response to the new amended complaint by May 6, 2016. IT IS FURTHER ORDERED that Plaintiffs motion for summary judgment 45 is dismissed as premature as the parties have not engaged in the full discovery process. Signed by Magistrate Judge Susan Paradise Baxter on 3/16/16. (lrw)