Hilbert Thomas v. Oak Smith, et al.

Summary

The United States District Court for the Northern District of California granted Plaintiff Hilbert Thomas’s motion to proceed only on the retaliation claim in his First Amended Complaint and dismissed the remaining claims with prejudice. The Court set deadlines for Defendants’ summary judgment motion, Plaintiff’s opposition, and Defendants’ reply, and included the required Rand summary-judgment warning.

Holdings

1. The court granted plaintiff's motion to proceed only with the retaliation claim in his First Amended Complaint.
2. The claims other than the retaliation claim were dismissed with prejudice.

Questions Presented

1. Whether plaintiff could elect to proceed on the retaliation claim in his First Amended Complaint rather than file a Second Amended Complaint.
2. Whether the other claims in the First Amended Complaint should be dismissed with prejudice.
3. What schedule and procedural requirements should govern defendants' anticipated motion for summary judgment.

Disposition

other