Blockchain Innovation, LLC v. Franklin Resources, Inc.

• Court: District Court, N.D. California
• Decided: January 3, 2024
• Docket: 3:21-cv-08787
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BLOCKCHAIN INNOVATION, LLC, Case No. 21-cv-08787-AMO

8 Plaintiff, ORDER TO SHOW CAUSE WHY 9 v. SECOND AMENDED COMPLAINT SHOULD NOT BE STRICKEN 10 FRANKLIN RESOURCES, INC., et al., Re: Dkt. No. 156 Defendants. 11

12 The Court’s case management scheduling order set December 29, 2023 as the deadline to 13 add parties or amend pleadings. ECF 154. On that date, Plaintiff Blockchain Innovation, LLC 14 filed a second amended complaint. ECF 156. The pleading is unaccompanied by a stipulation 15 permitting its filing or a motion for leave to amend as required by Fed. R. Civ. P. 15(a)(2). See 16 Sternberg v. Town of Danville, No. 15-CV-01878-SI, 2015 WL 5158735, at *2 (N.D. Cal. Sept. 2, 17 2015) (“If more than 21 days have passed since a pleading was served, Federal Rule of Civil 18 Procedure 15(a) permits a party to amend its pleading only if the opposing party consents, or the 19 Court grants leave.”). 20 Accordingly, the Court hereby ORDERS Plaintiff to SHOW CAUSE why the second 21 amended complaint should not be stricken. Plaintiff shall file a written response, of no more than 22 three pages, to this order by no later January 8, 2024. Defendants may file a consolidated reply of 23 no more than three pages by no later than January 12, 2024. The deadline to answer or otherwise 24 respond to the second amended complaint is STAYED pending further order of the Court.1 If the 25 parties reach a stipulation permitting the filing of the second amended complaint, they may file 26 // 27 1 such stipulation by no later than noon on January 8, 2024, in lieu of any response or reply to this 2 || order. 3 IT IS SO ORDERED. 4 Dated: January 3, 2024 5 HO - 6 . ARACELI MARTINEZ-OLGUIN 7 United States District Judge 8 9 10 11 3s 12

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