John Valdivia v. Miriam Vasquez, et al.

Summary

The United States District Court for the Eastern District of California construed Plaintiff John Valdivia’s lodged first amended complaint as a motion for leave to amend and granted that motion. The court directed the Clerk to file the amended complaint, terminated Defendant Miriam Vasquez’s original motion to dismiss as moot, and directed the plaintiff to file an opposition or statement of non-opposition to the later motion to dismiss within 30 days. The order warned that failure to respond would result in the later motion being deemed unopposed.

Holdings

1. Because defendant had already appeared, plaintiff was required to obtain written consent or court leave to amend. The court nevertheless construed plaintiff's lodged first amended complaint as including a motion for leave to amend.
2. The motion for leave to amend was granted, and the Clerk was directed to file the lodged first amended complaint.
3. The original motion to dismiss filed August 15, 2025, was terminated as moot because defendant filed a second motion addressing the amended complaint.
4. Plaintiff was ordered to file only an opposition or statement of non-opposition to defendant's November 5, 2025, motion to dismiss and was not permitted to file another amended complaint in response.

Questions Presented

1. Whether the court could construe plaintiff's lodged first amended complaint as a motion for leave to amend despite the absence of a formal motion.
2. Whether leave to amend should be granted and the lodged amended complaint filed.
3. Whether defendant's original motion to dismiss should be terminated as moot after defendant filed a second motion addressing the amended complaint.
4. What briefing plaintiff must file in response to defendant's second motion to dismiss.

Disposition

other